When people come to us facing charges for credit card fraud or identity theft, they are usually overwhelmed and unsure who to trust. These cases move fast, the accusations carry weight, and prosecutors often act as though guilt is already established. We do not allow that to happen. We fight for our clients from the first conversation, and we treat every case as if it were going to trial. We study the evidence, challenge every assumption, and force the state or federal government to prove what they claim. We protect your rights with strength, skill, and the type of pressure that makes prosecutors rethink their position.
Understanding Credit Card Fraud And Identity Theft Charges
Illinois takes financial crimes seriously. Under the Illinois Identity Theft Law, 720 ILCS 5/16-30, it is illegal to use or possess another person’s personal information without permission. Credit card fraud is covered under 720 ILCS 5/17-31, which includes using a stolen card, forging a card, or using someone else’s account information. Federal prosecutors may also step in when the conduct crosses state lines or involves electronic transmissions under 18 U.S.C. § 1029 and 18 U.S.C. § 1028. When federal charges enter the picture, sentencing exposure increases, and the case demands a strategic, hard-hitting defense.
Penalties And Real Consequences In Illinois
Illinois penalties depend on the amount of money involved and the accused’s conduct. Charges may range from Class A misdemeanors to Class X felonies, carrying years in prison, mandatory restitution, and permanent criminal records. Federal convictions can bring even harsher penalties. Prosecutors often charge multiple counts to increase pressure. We do not allow that tactic to force our clients into bad decisions. We evaluate the evidence, attack weak points, and use our courtroom experience to shift the leverage back to our side.
How We Fight These Cases
Credit card fraud and identity theft cases often rely on digital records, surveillance footage, phone data, or financial statements. This evidence is not always reliable. Investigators make mistakes, databases contain errors, and identity mix-ups occur more often than people realize. We challenge warrants, examine how investigators handled the data, and expose gaps in the state’s theory. When negotiation is the smarter move, we use our credibility and reputation for aggressive trial work to secure reduced charges, diversion options, or dismissals. Prosecutors know we do not fold. They know we are prepared to walk into court and litigate every issue. That pressure helps us position our clients for better outcomes.
Frequently Asked Questions About Credit Card Fraud and Identity Theft
What Is The Difference Between Identity Theft And Credit Card Fraud In Illinois?
Identity theft occurs when someone uses another person’s identifying information without consent under 720 ILCS 5/16-30. Credit card fraud involves the unauthorized use or possession of a credit or debit card under 720 ILCS 5/17-31. The charges often overlap because prosecutors try to stack offenses. The difference matters because each charge carries different sentencing ranges and defenses.
Can I Face Federal Charges For Credit Card Fraud?
Yes. Federal prosecutors pursue cases involving interstate activity, electronic transmissions, or schemes involving multiple victims. Under 18 U.S.C. § 1029 and 18 U.S.C. § 1028, the penalties can be severe, often involving years in federal prison. We evaluate whether the conduct truly supports federal jurisdiction and challenge any overreach.
How Does The Prosecution Prove Identity Theft Or Credit Card Fraud?
Prosecutors rely on electronic records, account history, digital footprints, witness statements, and forensic data. These sources are not perfect. Data may be incomplete, misinterpreted, or tied to the wrong individual. We examine every phase of the investigation to expose flaws. When evidence is weak, we use that weakness to negotiate or dismantle the case in court.
What Defenses Are Available In These Cases
Defenses depend on the facts, but common defenses include mistaken identity, lack of intent, improper searches, unreliable digital evidence, and unauthorized access by third parties. We evaluate whether your rights were violated under the Fourth Amendment or Illinois search laws, and we challenge any statements or evidence obtained improperly.
Will I Go To Jail For Credit Card Fraud Or Identity Theft In Illinois
Not always. Penalties depend on the level of the charge, the amount of financial loss, and your criminal history. Many cases can be negotiated into reduced charges, probation, or diversion programs. Our approach focuses on weakening the prosecution’s position to create every possible path that avoids incarceration.
How Does Your Firm Handle These Cases Differently?
We build pressure from the beginning. We challenge assumptions, force prosecutors to defend their evidence, and use our trial experience to create leverage. Our reputation as aggressive advocates improves negotiation outcomes because prosecutors know we will litigate if the terms are not right.
Call Edward Johnson & Associates For A Free Consultation
If you are facing credit card fraud or identity theft charges, you cannot afford to hesitate. These cases demand fighters who know the law and know how to push back. At Edward Johnson & Associates, we protect our clients with precision, force, and a strategy built to win.
Contact our Chicago identity theft defense lawyer at Edward Johnson & Associates P.C. by calling 708-762-8666 to receive your free consultation. Our office in Chicago serves clients across the entire Chicagoland metro. When prosecutors come after you, we stand between you and the charges with the strength, skill, and determination your case deserves.