Defending Against Possession of Another’s Identity Information in Illinois Courts

The Seriousness of Identity Information Possession in Chicago

Chicago is home to millions of residents, with bustling areas such as Wicker Park, Englewood, and the Loop. The constant flow of financial transactions, government services, and personal exchanges makes identity information especially valuable. That is why Illinois prosecutors take charges of possessing another’s identity information so seriously.

Under Illinois law, specifically 720 ILCS 5/16G-15, it is unlawful to knowingly possess another person’s identifying information without authorization if there is an intent to commit fraud. “Identifying information” is broadly defined to include Social Security numbers, credit card numbers, bank accounts, state identification cards, driver’s licenses, biometric identifiers, and other personal data.

Even without direct evidence of fraudulent use, the state may file charges if prosecutors believe intent can be inferred from the circumstances. This means someone caught with multiple Social Security numbers or dozens of credit card numbers can face felony prosecution even if no financial loss has yet occurred.

In Cook County, where prosecutors and judges see hundreds of fraud-related cases, defendants are often treated harshly unless they have skilled defense representation.

How Investigations Are Conducted

Investigations into identity information possession usually begin with reports from financial institutions, stores, or individuals. A bank may detect dozens of attempts to open accounts under different names. A store may notice repeated credit card rejections. Or a victim may discover unauthorized tax filings.

Once reported, law enforcement in Chicago uses a range of investigative tools. The Chicago Police Department, Illinois State Police, and sometimes federal agencies like the U.S. Secret Service all investigate these crimes. They may subpoena account records, track IP addresses, and review surveillance video.

Search warrants often allow officers to seize computers, hard drives, and phones. Forensic teams then analyze digital files for stored personal information. Prosecutors frequently rely on spreadsheets, text messages, and emails recovered from these devices.

The investigation process is often lengthy. By the time charges are filed, the government typically believes it has a strong case. But defense attorneys know that errors occur — from improper warrants to unreliable forensic methods — and these mistakes can form the basis of a strong defense.

Arrest and Charging in Cook County

After an investigation, police may arrest the suspect at home, work, or during a traffic stop. In Chicago, defendants are transported to a station for booking before appearing in bond court.

At bond hearings, prosecutors outline the charges, and judges decide whether the defendant should be released on bond. Defendants accused of possessing significant amounts of identity information often face higher bond amounts because the state argues they are a financial risk to the community.

Charges can range from a Class A misdemeanor to a Class 2 felony. The distinctions are:

Misdemeanor: Limited possession, no fraud, up to one year in jail.
Class 4 felony: One to three years in prison.
Class 3 felony: Two to five years in prison.
Class 2 felony: Three to seven years in prison.

The severity of charges usually increases with the number of documents or victims involved.

Penalties and Life Consequences

The direct penalties of a conviction are significant:

Jail or prison time depending on felony level.
Fines up to $25,000.
Possible restitution orders requiring repayment to victims.

But the collateral consequences may be even more damaging. A conviction creates a permanent criminal record visible on background checks. Employment opportunities shrink, especially in fields like banking, healthcare, or government. Housing applications may be denied. Professional licenses may be revoked.

For non-citizens, identity information crimes are treated as crimes of moral turpitude, which can trigger deportation. These long-term effects make it critical to fight the charges aggressively.

Criminal Trial Defense in Illinois

Once charges are filed, the case enters the trial process. It begins with arraignment, where the defendant enters a plea. Pretrial motions follow, often involving challenges to evidence or requests for discovery.

At trial, the state must prove beyond a reasonable doubt that the defendant:

Possessed identifying information belonging to another person.
Knew they possessed it.
Intended to commit fraud.

The defense may argue that the information was lawfully possessed, that the defendant had no knowledge of it, or that there was no intent to use it unlawfully. A skilled attorney questions witnesses, cross-examines investigators, and introduces alternative explanations.

Juries are instructed on the presumption of innocence. If the state cannot meet its burden, the defendant must be acquitted.

Example Defense Scenario

Imagine a person living in Logan Square accused of possessing another person’s identity information after police allegedly found several identification cards during a search of their apartment. Prosecutors argue that the possession proves fraudulent intent.

The defense strategy might focus on whether the search warrant was valid. If officers lacked probable cause or exceeded the warrant’s scope, evidence could be excluded. Additionally, the defense might show that the documents were not stolen but left behind by friends or relatives who stayed at the apartment.

By challenging both the legality of the search and the issue of intent, the defense creates reasonable doubt. Such doubt can lead to dismissal or acquittal.

Evidence Commonly Used in Court

Prosecutors rely on a range of evidence, including:

Credit cards, IDs, or bank documents found during searches.
Spreadsheets or lists of personal information on computers.
Emails or texts suggesting intent to use the information.
Witness testimony from alleged victims or associates.
Surveillance video showing alleged fraudulent use.

Each piece of evidence must be carefully reviewed by the defense. Improperly obtained evidence or unreliable digital forensics can make the prosecution’s case vulnerable.

The Importance of Hiring an Attorney

The risks of representing yourself are enormous. Without an attorney, defendants often fail to recognize illegal searches, fail to object to improper evidence, and cannot effectively cross-examine witnesses.

An experienced Chicago defense lawyer knows the local courts, the prosecutors, and the judges. A lawyer can negotiate reduced charges, argue for probation, and raise strong defenses at trial. Having a lawyer is not just beneficial — it is essential.

Possible Legal Defenses

Defenses to possession of identity information charges may include:

Lack of knowledge (the defendant did not know the information was in their possession).
Lack of intent (no plan to use the information for fraud).
Authorization (permission was given to possess the data).
Illegal search and seizure.
Entrapment by law enforcement.
Misidentification or mistaken ownership.

Every defense depends on the unique facts of the case.

Chicago Identity Information Defense FAQs

What statute applies to possession of identity information in Illinois?
720 ILCS 5/16G-15 makes it unlawful to knowingly possess another’s identifying information with intent to defraud.

What is the difference between possession and identity theft?
Possession means holding another’s information without permission. Identity theft occurs when that information is used to obtain goods, money, or services.

Is it possible to face federal charges for identity information possession?
Yes. If the alleged conduct crosses state lines or involves federal agencies like the IRS, federal charges may be filed. These carry even harsher penalties.

Can charges be dismissed before trial?
Yes. If evidence was obtained unlawfully or if prosecutors cannot prove intent, judges may dismiss charges at the pretrial stage.

What are sentencing alternatives in Cook County?
For first-time offenders, probation, conditional discharge, or diversion programs may be possible. An attorney can argue for these outcomes.

How does a conviction affect future opportunities?
A conviction creates a permanent record, limiting jobs, housing, and credit opportunities. For many, this is more damaging than the sentence itself.

What defenses are most common in these cases?
Illegal searches, lack of knowledge, and lack of intent are frequently raised defenses.

Can possession of identity information affect immigration status?
Yes. Convictions can result in deportation, denial of visas, or denial of citizenship.

Why should I hire The Law Offices of David L. Freidberg?
Because the firm has decades of criminal defense practice, understands Cook County courts, and is available 24/7 to fight for your future.

Why Choose The Law Offices of David L. Freidberg

When you are charged with possession of another’s identity information in Chicago, your freedom, reputation, and future are at stake. The Law Offices of David L. Freidberg has defended clients in Cook, DuPage, Will, and Lake Counties for decades. We challenge evidence, fight unlawful searches, and work tirelessly to protect your rights.

When You Need a Fighter, Call Us!

If you were arrested in Chicago, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling criminal, DUI, and traffic cases in Illinois. Our firm is available 24/7 to provide the legal defense you deserve.

Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to serve clients throughout Illinois, Cook County, DuPage County, Will County, and Lake County.