Identity Fraud Defense Attorney Massachusetts

Right now this may feel hopeless, especially if there are records that seem to show your name on an account or transaction. Records rarely tell the whole story, and the Commonwealth has to prove permission and intent, not just the paperwork.

Express permission: The offense requires that you acted without the other person's express authorization. If that person gave you permission to use the information, in writing or out loud, this element fails. Shared accounts and past arrangements can be important evidence of what permission was actually given.

No intent to defraud: Intent to defraud means acting knowingly with the aim of deceiving or cheating someone. An honest mistake, or a good-faith belief that you had permission, is not that intent.

Who actually did it: Many cases rest on surveillance footage, computer access logs that more than one person could use, or brief witness observations. The Commonwealth must prove beyond a reasonable doubt that you were the person who used the information.

No use of the other person's information: For posing charges, the Commonwealth must prove you actually used the other person's identifying information. A transaction made with your own information does not meet that element.

A legitimate reason: For charges based on obtaining information, the Commonwealth must prove you meant to pose as that person or help someone else do so. Information obtained for a lawful purpose is not within the statute.

Lawful possession of equipment: For device charges, the Commonwealth must prove circumstances showing an intent to use the device to commit larceny. Possessing equipment for a legitimate purpose does not satisfy the statute.

Disputed restitution: Restitution figures can be challenged, including whether each claimed cost was actually caused by the offense.

Unlawful searches and statements: Searches of computers, phones, accounts, and homes must comply with constitutional protections, and statements made to police can raise constitutional issues too. Evidence gathered unlawfully can be challenged and, in some cases, suppressed.

Every case is different, and the right defense depends on your facts. Call (978) 969-2890 to talk through yours.

Many identity fraud cases turn less on whether information was used than on two harder questions: whether you had permission, and what you were trying to do. Those are the elements the Commonwealth must prove, and they are where its case is most open to challenge.

The jury is told that the Commonwealth must prove you represented yourself as the other person without having obtained express permission from that person. Express permission is permission actually given, not something assumed from a relationship.

That is why what was actually said between you matters so much. Texts, emails, account records, and the history of how information was shared can show what permission was given, and when.

Intent to defraud means acting knowingly, with the aim of deceiving or cheating someone. The Commonwealth does not have to prove that anyone actually lost money, but it does have to prove that you intended to defraud someone.

Because no one can see inside another person's mind, intent is proved from the surrounding circumstances. Those same circumstances, including why you had the information and how you used it, can also be the strongest evidence that you had no such intent.

Identity fraud is a misdemeanor. If you have not been arrested, Massachusetts law gives you the right to be heard, personally or through a lawyer, before a clerk magistrate decides whether to issue a criminal complaint. The question at that hearing is whether there is probable cause, and if there is not, no complaint should issue.

If you receive a notice of a clerk magistrate hearing, speak with a lawyer before the date. It can be an early chance to keep a case from starting at all.

If you have just been arrested, received notice of a clerk magistrate hearing, been contacted by an investigator, or received a target letter, take a breath. Here is what matters most right now.

● Don't talk to investigators from any agency, the alleged victim, banks, merchants, or fraud investigators without a lawyer present, even if you are told this is just an opportunity to clear things up
● Don't sign anything presented by the alleged victim, a financial institution, or law enforcement, including general releases, repayment agreements, or admissions, without consulting an attorney
● Don't repay the alleged loss before talking with a lawyer. Repayment can sometimes help, but its timing and form matter
● Don't discuss your case with anyone except your attorney, including family members or others whose names or accounts may be involved
● Don't access the disputed accounts or platforms again, even to check or correct information
● Don't destroy or alter records of any kind, including emails, texts, browser history, or device data. Altering records to impair their use in a court proceeding is itself a crime
● Preserve all relevant records including communications with the alleged victim, evidence of authorization or shared accounts, financial records, and any documents that might show the actual relationship between the parties
● Write down everything you remember about authorization, joint accounts, prior consent, and the actual circumstances of the disputed transactions
● Don't post anything about your case, the alleged victim, the disputed transactions, or your finances on social media
● Contact an experienced Massachusetts identity fraud defense attorney as soon as possible

‍Call (978) 969-2890 for a free, confidential consultation. Phones answered 24/7 by a real person.

Acting early gives your lawyer time to address the case before any complaint issues, protect helpful evidence, and prepare your defense. You do not have to go through this alone.