Olathe Identity Theft Lawyer

Identity theft is considered a serious crime that can result in severe penalties. If you are facing identity theft charges, it is important to consult with an experienced criminal defense attorney as soon as possible. At Garretson & Toth, LLC, we are committed to providing our clients with the aggressive defense they need to protect their rights and future.

Contact Garretson & Toth, LLC today at (913) 971-0296 or contact us online to schedule a consultation with our identity theft attorney in Olathe.

What is Identity Theft?

Identity theft involves obtaining and using someone else's personal information for fraud. This crime can take various forms, including:

• Financial Identity Theft: Involves using someone's financial information, like credit card details or bank account numbers, to make unauthorized transactions.
• Criminal Identity Theft: This happens when someone uses another person's identity when arrested or during encounters with law enforcement, leading to false criminal records.
• Identity Cloning: Involves creating a fake identity that closely resembles someone else's, often for illegal activities.
• Medical Identity Theft: Involves stealing someone's personal information to obtain medical services or medications, potentially jeopardizing the victim's health and finances.
• Child Identity Theft: Targeting minors, this type of identity theft can go undetected for years, causing significant harm to a child's financial future.

What are the Penalties for Identity Theft in Kansas?

In Kansas, identity theft is a felony offense, and the penalties can be severe. The consequences you may face if convicted of identity theft include:

• Criminal Charges: A conviction can lead to felony charges, which can result in a substantial criminal record that may affect your future employment, housing, and more.
• Prison Time: Depending on the severity of the offense, you may face imprisonment, which can range from months to several years.
• Fines: The court may impose fines, the amount of which depends on the specific circumstances of the case.
• Restitution: You might be ordered to pay restitution to the victim for any financial losses that they suffered due to the identity theft.
• Probation: In some cases, the court may impose probation, which comes with strict conditions and monitoring.

Defenses Against Identity Theft Charges

Some common defenses against identity theft charges may include:

• Mistaken Identity: If you can demonstrate that you were mistakenly identified as the perpetrator, we can help prove your innocence.
• Lack of Intent: Some identity theft cases involve unintentional actions or misunderstandings. Demonstrating that you did not have the intent to commit fraud can be a strong defense.
• Insufficient Evidence: Challenging the evidence against you is a crucial aspect of any defense strategy. We can assess the evidence, looking for weaknesses or irregularities in the prosecution's case.
• Procedural Errors: If law enforcement or the prosecution made procedural errors during the investigation or trial, it may provide grounds for a successful defense.
• Consent: In some instances, the alleged victim may have given consent for the use of their personal information, making the charges baseless.