Battling Philadelphia Credit Card Fraud and Identity Theft Charges

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Last Updated on: 5th December 2023, 08:32 pm

Battling Philadelphia Credit Card Fraud and Identity Theft Charges

Credit card fraud and identity theft can be scary crimes that carry serious penalties here in Philadelphia. As a major city, we see plenty of these cybercrimes. Victims feel violated when someone steals their personal information and runs up charges in their name.

If you’ve been accused of credit card fraud or identity theft in Philly, don’t panic. These charges are beatable with an experienced criminal defense lawyer on your side. Let’s break down how these crimes work, common defenses, and smart legal strategies for fighting back in Philadelphia courts.

How Credit Card Fraud and Identity Theft Work in Philadelphia

Credit card fraud refers to using someone else’s credit card or card information to make purchases without their permission. This includes:

• Stealing a physical credit card and using it
• Getting a hold of card numbers and security codes to make online, phone or mail purchases
• Using card info you’re not authorized to use, like a spouse’s card after a separation
• Making fake credit cards with stolen account information

Identity theft is closely related. This crime involves gaining access to someone’s personal and financial information to impersonate them and rack up debt or get money and benefits in their name.

In Philadelphia, common identity theft scenarios include:

• Opening new credit cards or loans under someone else’s name
• Changing the billing address on an existing account to reroute statements
• Establishing utility service in a victim’s name
• Filing a fraudulent tax return to collect someone’s refund
• Using personal information to obtain medical services or prescription drugs

These crimes often go hand-in-hand. Stolen credit card numbers can lead to identity theft too. The penalties are harsh in PA as well, with long jail sentences on the table for serious frauds.

Fighting Philadelphia Credit Card and Identity Theft Charges

So how do you fight these allegations in Philadelphia courts? By building a strong defense strategy with an experienced lawyer. Here are some effective defenses we often use:

You Didn’t Knowingly Commit Fraud

Lack of intent is a common defense. Frequently, defendants aren’t aware a credit card isn’t theirs or that an identity belongs to someone else. Family members share cards innocently. Home health aides use patient cards for errands. Teens take parents’ cards without permission.

If you can show you didn’t knowingly commit fraud, these charges can often be reduced or dismissed in Philadelphia.

Someone Else Committed the Crime

When multiple people access credit cards or personal information, it’s tough to prove who’s responsible. Blaming third parties is an effective defense when:

• Cards are stolen from purses, wallets or homes
• Account statements are taken from mailboxes
• Relatives, employees or roommates had access
• Information was compromised in a data breach

By shifting blame to likely suspects, you can often defeat these Philadelphia charges.

Evidence Doesn’t Prove Your Guilt

Philadelphia prosecutors must prove guilt beyond a reasonable doubt. If the evidence is flimsy, we can win dismissal or acquittal at trial. Common problems with the state’s evidence include:

• Eyewitness misidentification – clerks or witnesses fingering the wrong person
• Circumstantial evidence that doesn’t directly link you to the crime
• Unreliable witnesses like jilted lovers or angry ex-spouses
• Lack of evidence you directly benefited from the alleged fraud

No matter how ironclad the case appears, skilled defense attorneys can poke holes to instill reasonable doubt.

The Investigation Was Flawed

Shoddy police work offers fertile ground for beating these cases. If Philly police failed to:

• Fully investigate other suspects
• Follow procedures when questioning you
• Properly handle evidence
• Get necessary warrants before searches, arrests or seizures

Their missteps can lead to suppressed evidence or dismissed charges.

The Charges Are Overblown

Prosecutors sometimes overcharge credit card fraud and identity theft cases in Philadelphia. If the monetary losses or scope of identity misuse is low, we can often negotiate:

• Reduced charges
• Misdemeanor pleas
• Probation and restitution instead of prison

Overzealous charging is common, so fighting for fairness pays off.

Statute of Limitations Has Expired

In Pennsylvania, prosecutors have just 5 years to charge fraud and identity theft felonies after they’re committed. If it’s been longer, we can argue the statute of limitations has expired and the case should be tossed.

Smart Legal Strategies for Battling Philadelphia Credit Card and Identity Theft Charges

With an experienced Philly criminal defense lawyer, you can proactively build a winning strategy for your case. Smart moves include:

Conduct a Thorough Independent Investigation

Don’t rely solely on police reports. We’ll do our own digging to identify other suspects and weaknesses in the state’s case. Finding new evidence or witnesses who create reasonable doubt can defeat these allegations.

Negotiate with Prosecutors Aggressively

Once charges are filed, we’ll engage in vigorous negotiations to get them reduced or dismissed pretrial. Many cases settle through plea deals. We’ll fight to get you the best possible outcome.

Explore Diversion Programs

First-time offenders may qualify for diversion programs like Philadelphia’s Accelerated Misdemeanor Program (AMP). These allow charges to be dismissed after completing probation, community service, restitution and rehabilitation programs.

Suppress Unlawfully Obtained Evidence

If police violated your rights gathering evidence, we’ll file suppression motions to get it excluded. This often leaves prosecutors without enough proof, resulting in dismissals.

Take Cases to Trial When Needed

If pleas aren’t offered or charges won’t be dropped, we’re ready to mount an aggressive defense at trial. Few identity theft and fraud cases reach a jury, but we’re not afraid to fight when it’s in your best interests.

Don’t Go It Alone – Hire a Philadelphia Credit Card Fraud and Identity Theft Lawyer

Battling fraud and identity theft charges in Philadelphia requires an assertive legal strategy and experienced advocacy. These cases can carry significant prison time, fines and restitution if not properly defended.

Don’t take chances with overworked public defenders or unqualified lawyers. Contact my firm 24/7 for a free case evaluation. I’ll carefully review the charges and evidence and map out a customized defense strategy. With an aggressive lawyer on your side, you can defeat these allegations and avoid harsh penalties. Call now to get started fighting back.