If you have been accused of identity theft or identity theft trafficking, you are facing a charge that can affect you for the rest of your life. Whether you have been charged with a state or federal offense, the legal choices you make now can be the most important, especially your choice of an attorney. With so much at stake, do not settle for an inexperienced defense lawyer.
Our dynamic criminal defense lawyers have successfully handled many types of theft cases, including identity theft. As skilled and experienced negotiators, we will do everything in our power to defend your rights and work toward the best possible outcome.
If you have been charged with identity theft in Tennessee, the state has accused you of knowingly obtaining, possessing, buying, or using personal identifying information of another without that person's consent for the purpose of committing some unlawful act. These acts include obtaining goods, services, credit, or medical information in the name of the other.
If you have been charged with Identity Theft Trafficking, the state has accused you of knowingly transferring the personal identifying information of another to someone with the intent that such person will commit some unlawful act using the stolen identifying information. Unlawful acts include obtaining goods, services, credit or medical information of another without his or her consent. You may also be charged with Identity Theft Trafficking if you transferred someone else's personal information under circumstances such that you should have known that the personal information would be used by someone else to commit an unlawful act.
If the use or transfer of someone's personal identifying information was permitted by the Tennessee Financial Records Privacy Act or the Fair Credit Reporting Act, such use or transfer is not an "unlawful act" under Tennessee law. Please consult the skilled theft attorneys at Baker Associates for more information on what is and what is not an unlawful act.
It is not enough for the state to prove an unlawful use of personal identifying information. The state must also prove two mental states beyond a reasonable doubt - that 1) you knew you had personal information of another, and 2) that you used the information with the specific intent to commit an unlawful act.
Similarly, in identity theft trafficking, the state must prove you knowingly transferred someone else's personal information and that you did so with the specific intent that the person to whom you transferred the information was going to use the information for some unlawful purpose. However, if you have been found to possess the personal information of five or more persons without their consent, a jury is permitted to infer that the defendant obtained that information with the purpose to sell, transfer, give, trade, loan or deliver that information.
Defendant may also defend on the basis that he or she used or transferred the information with the consent of the alleged identity theft victim. Consent need not be explicitly given to be legally effective. Furthermore, the defendant is not liable if he or she had the authority recognized by law to obtain, possess, buy or use the personal identifying information of the alleged victim.
As the preceding discussion shows, there are complex legal issues involved in theft cases. Our lawyers have the experience necessary to help you understand these issues. By engaging in fierce representation and investigating such matters as the defendant's mental state and effective consent, our lawyers will help you mount a strong defense against theft charges.
Do not put your case and your life at risk by making the wrong legal choices. Discuss your identity theft case with an experienced criminal defense lawyer at our offices.
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800 South Gay Street
Knoxville, Tennessee 37929
Phone: (865) 521-0001
Toll-free: (866) 853-2889
121 Court Avenue
Sevierville, Tennessee 37862
Phone: (865) 546-6000
Toll-free: (866) 853-2889
300 East Main Street
Johnson City, Tennessee 37601
Theft Defense Lawyer Disclaimer: The identity theft, ID trafficking, white collar crimes, or other legal information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results set forth here were dependent on the facts of that case and the results will differ from case to case. Please contact an attorney at our law firm. This web site is not intended to solicit clients for matters outside of the State of Tennessee.
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