Challenging Child Identity Theft Allegations

 Posted on April 29, 2024 in Criminal Defense

Child identity theft allegations can have a profound impact on Texas families, leaving accused individuals facing the possibility of criminal charges and lasting repercussions. It is a serious matter that demands attention and a strong defense. However, you must remember that an allegation does not necessarily equate to guilt. If you find yourself facing child identity theft allegations, a Texas lawyer can help you understand your rights and the steps you can take to challenge the accusations and protect your future.

What to Know About Child Identity Theft in Texas

Under Texas law, child identity theft occurs when someone uses a child’s personal identifying information, such as their name, Social Security number, or date of birth, without the child’s consent. This crime is covered under Texas Penal Code Section 32.51, which defines the offense as “fraudulent use or possession of identifying information.”

Child identity theft can take many forms, such as opening credit accounts, applying for loans, or even obtaining medical services using the child’s information. In some cases, the perpetrator may be a family member or someone close to the child, making the situation even more complex and emotionally charged.

Your Rights and Defenses

If you are facing child identity theft allegations in Texas, you should understand your rights and the potential defenses available to you. Here are some key points to keep in mind:

• Presumption of Innocence: Remember that you are innocent until proven guilty. The burden of proof lies with the prosecution to establish your guilt beyond a reasonable doubt.
• Lack of Intent: To be convicted of child identity theft in Texas, the prosecution must prove that you acted with the intent to harm or defraud. If you can demonstrate that your actions were unintentional or that you had the child’s permission, this could serve as a defense.
• Mistaken Identity: In some cases, allegations may arise from a misunderstanding or a case of mistaken identity. If you can provide evidence that you were not the person who committed the alleged offense, this could help exonerate you.
• Consent: If you can show that you had the child’s consent or the consent of their legal guardian to use their personal information, this may serve as a defense against the allegations.

Protecting Your Rights

If you are facing child identity theft allegations, you must take immediate action to protect your rights and build a strong defense. Here are some steps you should consider:

• Gather Evidence: Collect any relevant documents, records, or communications that may support your defense. This could include proof of consent, evidence of mistaken identity, or documentation showing a lack of fraudulent intent.
• Remain Silent: Exercise your right to remain silent and avoid making any statements to law enforcement or investigators without your attorney present. Anything you say could potentially be used against you.
• Prepare for Trial: If your case goes to trial, work closely with your attorney to develop a strong defense strategy and prepare for courtroom proceedings.

Contact a Collin County, TX Criminal Defense Lawyer

Facing child identity theft allegations can be a stressful experience, but it is important to remember that you have rights and options. By understanding the law, asserting your defenses, and working with a Plano, TX criminal defense attorney, you can challenge the allegations and protect your future. Call The Crowder Law Firm, P.C. at 214-544-0061 to begin with a free consultation.