Identity theft is a serious and often misunderstood crime in Canada. Not only can there be legal repercussions, but being found guilty can also have severe life-altering consequences in other areas of your life.
If you have been charged with identity theft, it’s crucial to know your legal options as soon as possible. Defending against identity theft can be complex, but here we’ll explore the best defences and how an experienced lawyer can build a strong case against the charges.
Understanding Identity Theft in Canada
Identity theft is outlined in Section 402.2 of the Canadian Criminal Code. It involves obtaining or possessing another’s identity. Crucially, identity theft also requires you to have the intent to use this identity for fraudulent reasons.
If you have also been charged with a related crime, such as credit card fraud, this will often be prosecuted alongside identity theft. Penalties can vary drastically depending on the severity of the crime. These penalties can range from fines to five years imprisonment. If tried alongside other crimes, these punishments can be even more severe.
Related Article: https://www.agpllp.ca/what-is-the-penalty-for-identity-theft-in-canada/
Methods for Defending Against Identity Theft in Canada
Thankfully for those charged with this crime, there are several potential legal defences. Let’s take a look at what they are.
Lack of Intent – It’s up to the prosecution to prove intent and the defence can cast doubt on this. It can be argued that you accidentally obtained the information or there is no evidence linking you to fraudulent intentions. If you have a valid reason for having the identity, it can make life difficult for the prosecution.
Mistaken Identity – Identity theft accusations can happen due to mistaken identity. It can be argued your name was used as a guise to steal the identity, or that there is nothing directly linking you to the crime. Your lawyer can challenge the claim you were responsible for the alleged actions.
Lack of Evidence – The prosecution needs to prove your guilt beyond a reasonable doubt. If key pieces of evidence are missing or weak, the defence lawyer will exploit these weaknesses and can even argue for the dismissal of the case.
Unlawful Search and Seizure – Law enforcement must obtain evidence in a lawful manner. If improper methods or an invalid search warrant were used, evidence may be deemed inadmissible in court.
Duress – It can also be argued the crime was committed under duress and that you were coerced or threatened. Your lawyer may argue the actions were committed due to fear rather than criminal intent, but strong evidence is required to back this up.
Consent from the Alleged Victim – There are times when consent is given for someone to have an identity, such as to fill out a form or buy something for them. This can be challenging to prove without solid evidence confirming the consent.
Entrapment – This happens when law enforcement coerces you into committing a crime you wouldn’t have otherwise committed. If you were pressured into committing identity theft, your lawyer can argue that entrapment took place.
Technical Defences – Finally, there can be a technical error in the investigation. Examples here include procedural errors, incorrect documentation, or failing to meet statutory requirements. An experienced lawyer will ensure all these technicalities were followed, and challenge the validity of the case if not.
The Steps Taken When Charged with Identity Theft
The first step in building a strong defence is acting quickly and hiring an experienced defence lawyer. An experienced white-collar crime lawyer will thoroughly review your case. They will look at the charges, evidence, and legal procedures to identify weaknesses and start to build a case.
The quality of your lawyer can make a significant difference in the outcome. At this time, it’s also important not to say anything that may harm your defence. If you did say anything to law enforcement upon your arrest, this should be communicated to your lawyer.
You’ll then want to gather all the evidence you can to support your case. This can include communication, witness testimony, or any documentation that will dispute the prosecution’s claims. Your lawyer will work with you to advise on relevant evidence.
Following this, your lawyer will create a strategy to fight the case. Whether it’s challenging the evidence, cross-examining a witness, or a combination of approaches, a lawyer will fight hard to undermine the prosecution’s case.
Related Article: https://www.agpllp.ca/what-type-of-lawyer-handles-identity-theft/
Final Thoughts
When it comes to defending against identity theft, they are rarely open and shut cases. As we’ve seen, there are many defences that can be used to fight this charge. Your lawyer will look at your case and create a bespoke defence with the aim of getting you the best possible outcome.
A criminal lawyer will not only be there to fight your corner but also guide you through the process and put your mind at ease. If you need legal help, contact AGP LLP today and we’ll be happy to give you a consultation and hopefully start working on your case.
