When it comes to defending yourself against any type of crime, you want to know you have an experienced lawyer behind you. However, not every lawyer will have experience and knowledge dealing with every type of case.
The consequences of identity theft can be severe and it’s vital to choose the right lawyer to give you the best possible defence. Here we look at what type of lawyer handles identity theft and why they can be key to the outcome of the case.
What is an Identity Theft Lawyer?
If you’re facing charges of identity theft, you need a criminal defence lawyer to advocate on your behalf. The crime of identity theft comes under the umbrella of a white-collar crime, which is defined as a financially motivated non-violent crime.
Therefore you need a white collar crime lawyer experienced in dealing with these cases. Financial crimes can be complex, and you want someone fighting your case who can handle these complexities to develop the best legal strategy.
Related Article: https://www.agpllp.ca/what-is-white-collar-crime-and-corporate-compliance/
Why You Need a Criminal Defence Lawyer for Identity Theft
Identity theft charges require specialized legal expertise. Here is why choosing a white-collar crime lawyer can be so important:
Understanding Complex Laws – Identity theft cases can often include multiple charges such as fraud and cybercrime. The right criminal defence lawyer will have knowledge of the case complexities and how they interact under Canadian law.
Protection of Your Rights – Throughout the entire process, it’s vital that the accused’s rights are protected. A lawyer will help to ensure this can make the appropriate legal challenges if required.
Building a Strong Defence – A strong defence includes identifying weaknesses in the Crown’s case and choosing the right path forward. An inexperienced lawyer can make weak arguments and miss potential opportunities.
Negotiating Plea Deals – If the case against the accused is strong, a plea deal may be the best way forward. This is where, in exchange for a guilty plea, the lawyer will negotiate a deal which often includes reduced charges or penalties.
Related Article: https://www.agpllp.ca/what-is-the-cost-of-a-criminal-lawyer-in-ottawa/
Common Defences in Identity Theft Cases
With identity theft charges, there are a variety of legal strategies open to a white collar crime lawyer. The most commonly used include:
Lack of Intent – Identity theft requires intent and this can be hard for the prosecution to prove. It can be argued that the information was accidentally shared or perhaps it was used without any malicious intent.
Mistaken Identity – In some cases, the accused may be wrongfully identified as the perpetrator, especially if they were used as a fall guy. If the lawyer claims this with evidence, it can be a strong defence.
Insufficient Evidence – Criminal cases require there to be guilt beyond a reasonable doubt. If the evidence against the accused is weak, the lawyer can argue that it doesn’t reach this threshold and their client can’t be found guilty.
Violation of Charter Rights – It’s vital the rights of the accused are protected. If not, this can lead to huge issues for the prosecution. For example, if evidence was obtained through an illegal search, this can be deemed inadmissible.
Choosing the Right Criminal Defence Lawyer for Identity Theft Cases
The right legal representation is crucial for a favourable outcome. With so much at stake, you don’t want to make any mistakes. Here are some key factors to consider:
Experience with Identity Theft Cases – Just because someone is a criminal defence lawyer, it doesn’t mean they specialize in all times of crimes. You want to look for a lawyer who is experienced with handling similar cases to yours and one who is comfortable with the nuances of the laws.
Strong and Confident – With complex evidence and an adept prosecutor, some lawyers can struggle to be confident about their defence. You want a lawyer who has plenty of confidence in what they are doing and a firm belief their strategy for defence is the right one.
Trial Expertise – Just because a lawyer has taken white-collar crime cases before, it doesn’t always mean they are good at them. Choose a lawyer with a strong track record of success in the courtroom and one who will put forward a compelling case.
Client-Centred Approach – An underestimated skill of a lawyer is their communication with the client. You want a lawyer who can guide you through the process, be clear about the way forward, answer any questions, and keep you informed.
Final Thoughts
Facing identity theft charges can be daunting. Not only can a guilty verdict result in a prison sentence, it can also lead to financial and reputational damage. It’s vital for any defendant to give themselves the best chance of fighting the case.
Due to this, you need a white collar crime lawyer with experience in identity theft cases. If you need legal assistance, contact AGP LLP today. We’ll be happy to offer you a free consultation and see how we can advocate on your behalf.
