With the increased use of credit and debit cards over cash and checks, there have been a corresponding increase in credit card theft. Thieves would steal the victim’s card statement out of their mailbox and use the credit card number to make fraudulent purchases. Credit card theft today has become much more complicated than just stealing a statement from a mailbox. Fortunately, laws against this crime have been broadened with increased punishments.

How do credit card thieves get away with it?

One of the ways that credit card thieves think they can get around the law is not physically possessing the card in use. The evolution of legislation surrounding this practice has made it so that any unauthorized use of the actual card, the account number, and the PIN number can be prosecuted. It doesn’t matter how they came into possession of the information being used to make purchases, all that matters is the purchases were unauthorized.

How to Catch a Thief

Some states require an offender to attempt to use the card before they can be prosecuted for credit card theft but others will proceed with a prosecution for merely possessing the card with the intent to use it without authorization.

Penalties for Credit Card Fraud

Penalties vary by state for credit card fraud. The consequences of breaking this law can range from a misdemeanor to felony offenses. Some states will also enhance the punishment for thieves who steal from the elderly. While many states consider it a felony, the courts will often suspend a sentence or defer action as a way to collect restitution for the victim. Compensation can include:

• The amount of money that was charged to the victim
• Funds the victim had to spend to repair his or her credit
• Fees and penalties incurred on the card/account

Sometimes a credit card thief may also be charged with identity theft as well as other criminal offenses such as fraud, forgery, or even federal charges of mail fraud.

Olathe Credit Card Fraud Lawyer

If you are being charged with credit card fraud, you should have a criminal defense attorney that can protect your rights. Call the Morrison Law firm today at 913-780-6666 or fill out our online contact form to schedule your free consultation.

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If someone has used your name, date of birth, social security number, etc. to obtain credit, services, or goods fraudulently they have committed identity theft. Sometimes, people will give their stolen identity to police when they are arrested and charged with a crime, and you will have to contend with not only any credit implications but you might get a criminal arrest record. Each state is different in how they come to a finding of factual innocence but for the most part, anyone who is wrongly convicted of a crime due to identity theft will be eligible for a finding of factual innocence.

What is Factual Innocence?

Factual Innocence is a term used to declare that a person is, in fact, innocent of a crime even if they have been convicted in a court of law. People often use this term when someone is exonerated of their conviction with the advent of DNA evidence. In the case of identity theft, this word may be helpful as well. The first step, however, is showing you are indeed the victim of identity theft.

Proving Identity Theft Has Occurred

Once you can prove your identity was in fact stolen, the next step is showing that the person who stole your identity was convicted of a crime using your name. You may be able to get a copy of your criminal record, but if not there are often online databases you can use to search. If someone was convicted using your identity, it should be on your record and then you will need to prove that it wasn’t actually you who was convicted. If you aren’t able to prove another person was convicted using your identity, you won’t be able to file for a finding of factual innocence.

Olathe, KS Identity Theft Attorney

In addition to proving the above, in order to get a finding for factual innocence, you will need to follow your jurisdiction’s specific requirements for filings and notice including notifying law enforcement and the district attorney. It may be best to hire an attorney who is able to walk you through the process in clearing your name and reputation. Contact the Morrison Law Firm today to discuss your situation. You can call us at 913-780-6666 or fill out our online contact form and someone will contact you to schedule your free consultation.

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Of course, we all enjoy a good comedy movie. It’s funny to watch on the big screen an exaggerated story about someone else’s misfortune. This is true for the 2013 movie Identity Theft starring Jason Bateman and Melissa McCarthy. McCarthy and Bateman share the name “Sandy Patterson.”The real Sandy Patterson’s identity has been stolen by a woman in Florida living it up in his name. His job is on the line so he decided to track her down and prove that his credit issues are not his doing. What he finds is an overweight, middle-aged, woman who tries to run for it every chance she gets. On top of that she is being chased by bounty hunters. Unlike real life, they bond in the process and become friends.

While this sounds like a funny story with a happy ending, unfortunately for people in the real world, when their identity is stolen, it’s more like a nightmare than a comedy. When someone steals your identity suddenly your credit score you worked so hard to protect can plummet, unpaid bills start piling up, creditors begin calling, and the walls of your world can start closing in. It’s difficult when you’re the victim and the burden of proof is your responsibility. It can seem like an uphill battle when communicating with banks, credit card companies, utility companies, and unkind creditors.

What You Can Do To Protect Your Identity

• Protect sensitive information – use electronic statements and direct deposit. Shred anything with personal information in it, and never give out your Social Security number.
• Be aware of technology – keep your antivirus software up to date, don’t respond to fishy emails from people you don’t know, and never give personal information out including passwords, and be careful using unsecured websites when using WIFI.
• Watch your bank accounts and credit cards for anything that looks like fraud, sign up for alerts when available.
• Report anything you see quickly, file a police report, and inform your banks and creditors immediately.

Contact A Legal Representative

If you find yourself in an identity theft situation and are in need of an attorney, Paul Morrison has the experience you need to help you. Call (913) 780-6666 or send an e-mail to schedule a free consultation. We are located in Olathe and serve people from the Johnson County area.

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