Frequently, individuals accused of identity theft may have harvested the personal identifying information of total strangers. Those with computer capabilities might attempt to hack a website to access payment information or detailed account information about individual consumers. Individuals who work at nursing homes might collect personal information about vulnerable residents as a means of impersonating them to make online purchases or obtain lines of credit.
It can often be very difficult to track identity theft cases. However, sometimes, the person accused of identity theft might actually know the purported victim. Some cases of identity theft involve parents using the Social Security numbers of their children, one spouse taking out lines of credit in the other’s name or even children posing as their grandparents.
What happens in scenarios where people use information about a loved one to obtain credit or engage in economic activity?
Identity Theft May Not be Malicious in Nature
Contrary to what people often assume, identity theft does not necessarily need to involve an intent to harm someone else or to misappropriate resources using the personal identifying information of another individual. Instead, identity theft simply involves using personal identifying information without the consent of another party for economic or personal reasons.
People may end up facing allegations of identity theft if they take on a lease in the name of a family member or open a bank account in the name of a sibling. Minnesota takes such cases relatively seriously.
Frequently, people face misdemeanor charges, although more extreme charges might lead to felony charges and more significant penalties after a guilty plea or conviction in criminal court. Cases involving more than one victim or significant financial losses may lead to felony charges.
Innocent Activities Might look like Identity Theft
In some cases, a family member may have agreed to help someone obtain an apartment or a line of credit. Other times, one spouse might assume that they have the right to use the name and personal identifying information of the other.
What may look like theft or fraud to the other party or to state authorities could actually simply be a case of miscommunication. It could also be one person trying to improve their economic circumstances with the support of someone they know.
The evidence presented in identity theft cases is often complex, which means there may be many different opportunities for mounting a viable criminal defense. Exploring the evidence the state has, and the reason for the charges, with a skilled legal team can help people plan defense strategies that could help them avoid criminal convictions.