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Chicago Social Security Number Identity Theft Defense Lawyer
Chicago is a city defined by commerce, technology, and cultural diversity. With more than 2.7 million residents and countless businesses, it is no surprise that issues surrounding identity theft, especially the misuse of Social Security numbers, are prosecuted aggressively. The Social Security number is the backbone of financial life in the United States. It is tied to employment, credit, housing, banking, healthcare, and taxes. Because of this, Illinois law treats any misuse of another person’s Social Security number as a very serious offense.
Under Illinois Compiled Statutes, specifically 720 ILCS 5/16G-15, identity theft is defined as using or possessing someone else’s identifying information with intent to commit fraud or another crime. This includes Social Security numbers. Even if the accused never succeeds in obtaining money or benefits, simply attempting to use someone else’s number can lead to prosecution.
Illinois law makes distinctions between misdemeanor and felony charges, but most Social Security number identity theft charges filed in Chicago fall on the felony side. When the financial value involved is under $300 and there are no aggravating factors, the offense could be charged as a misdemeanor. However, cases involving financial accounts, government benefits, or repeated use of stolen information are usually charged as felonies. Felony classifications range from Class 4 to Class X, depending on the value of the alleged loss and the number of victims.
Chicago prosecutors in Cook County, along with federal authorities, have dedicated units focused on identity theft. Law enforcement here takes these charges seriously because they often involve victims left with destroyed credit, tax complications, or denied benefits. This means a person accused of Social Security number identity theft is up against seasoned investigators and prosecutors. Without a skilled defense lawyer, the risk of conviction and harsh sentencing is high.
How Illinois Identity Theft Cases Begin: Investigations and Arrests
In Chicago, an identity theft case involving a Social Security number often begins with a complaint from an individual, a financial institution, or a government agency. Someone may notice a fraudulent tax return filed in their name, a bank may flag suspicious account openings, or an employer may question the use of a Social Security number for employment verification. Once a complaint is filed, the case usually lands in the hands of investigators from the Chicago Police Department’s Financial Crimes Unit, the Illinois State Police, or federal agencies such as the U.S. Secret Service or the IRS Criminal Investigation Division.
The investigative process is often lengthy and highly technical. Law enforcement may subpoena financial records, examine applications for loans or credit, and track IP addresses connected to online account activity. Forensic examiners may analyze digital devices seized during searches. Investigators are looking for any link that ties the accused to the unauthorized use of the Social Security number.
Arrest usually comes only after investigators believe they have gathered enough evidence to establish probable cause. In Illinois, officers typically present evidence to a judge to obtain an arrest warrant unless the crime is committed in their presence. Once arrested, the accused is booked and fingerprinted. Within 48 hours, they must appear before a judge for a bond hearing.
This early stage is critical. A defense lawyer can argue for lower bond, challenge the sufficiency of probable cause, and begin preparing challenges to the evidence. If an individual is unrepresented, they risk being detained unnecessarily and missing opportunities to protect their rights. Every step of the process, from the first complaint through arrest, must be scrutinized by defense counsel to determine whether law enforcement followed the law.
Penalties, Punishments, and Long-Term Consequences
The penalties for Social Security number identity theft in Illinois depend on several factors, including the value of the property or benefits obtained, the number of victims, and whether the accused has prior convictions. Under 720 ILCS 5/16G-15:
- If the value involved is under $300 and there are no aggravating circumstances, the charge may be a Class A misdemeanor, punishable by up to one year in jail and fines up to $2,500.
- If the value is $300 or more, the charge becomes a Class 3 felony, with potential imprisonment from two to five years and fines up to $25,000.
- When the value exceeds $10,000, the offense is a Class 2 felony, carrying three to seven years in prison.
- If the value exceeds $100,000, the charge escalates to a Class X felony, punishable by six to thirty years in prison.
In addition to prison and fines, courts often order restitution to victims, which can mean repaying large amounts of money. A conviction also results in a permanent criminal record. That record can interfere with employment, housing, professional licenses, and immigration status. Employers and landlords routinely run background checks, and a conviction for identity theft is viewed as a crime of dishonesty. This stigma can last a lifetime.
In Chicago, prosecutors and judges are often unforgiving in cases involving Social Security numbers because of the broad impact on victims. The law allows judges to impose probation in some cases, but only with strong advocacy from defense counsel. Without effective representation, the chances of probation or reduced charges are slim.
Evidence in Identity Theft Cases
Law enforcement in Chicago typically relies on both direct and circumstantial evidence in identity theft cases. Direct evidence might include surveillance video of someone using a stolen number to open an account, or documents bearing the accused’s handwriting. Circumstantial evidence can include IP address records, email accounts linked to fraudulent activity, or possession of credit cards or paperwork with someone else’s Social Security number.
Digital forensics play a major role. Investigators may analyze seized computers or phones to recover deleted files, account credentials, or browsing histories. They may subpoena information from banks, credit card companies, and online platforms. Prosecutors aim to create a chain of evidence that connects the accused directly to the fraudulent use of the Social Security number.
Defense attorneys must challenge every piece of evidence. Was the search warrant properly issued? Was the digital evidence obtained legally? Could the IP address have been linked to someone else in the household or neighborhood? Was the identification of the accused by a witness reliable? These are the questions that can make or break a case.
Example Case and Defense Strategy
Imagine a case originating in Chicago’s South Shore neighborhood. Investigators accuse a resident of using someone else’s Social Security number to apply for credit cards. The individual is arrested after police trace online applications to an IP address associated with their apartment. At first glance, the evidence appears damaging.
However, a defense attorney carefully examines the case. It turns out the apartment building has shared Wi-Fi, meaning the IP address could belong to any tenant or visitor. No physical evidence connects the accused to the fraudulent applications, and no fingerprints are found on the alleged documents. The defense highlights these weaknesses and argues that the state cannot prove beyond a reasonable doubt that the accused was the one responsible. As a result, prosecutors agree to reduce the charge, avoiding prison and allowing the accused to pursue probation.
This example shows how important it is to challenge evidence thoroughly. Even in cases that appear strong, weaknesses often exist.
The Illinois Criminal Trial Process
After arrest, the case proceeds through several stages. First is the arraignment, where the accused is formally informed of the charges and enters a plea. The next stage is discovery, during which prosecutors must turn over evidence to the defense. Pretrial motions follow, where attorneys argue issues such as suppression of evidence or dismissal of charges.
If the case proceeds to trial, it is either a bench trial before a judge or a jury trial. The prosecution must prove guilt beyond a reasonable doubt. Defense counsel challenges the state’s evidence, cross-examines witnesses, and presents alternative explanations. The trial process in Illinois is designed to be adversarial, and without strong defense representation, the accused is at a severe disadvantage.
If convicted, sentencing follows. If acquitted, the accused is released. Even after a conviction, appeals are possible, but they require legal knowledge and careful handling of trial errors.
Potential Defenses
Defense strategies in Social Security number identity theft cases vary, but common defenses include:
- Lack of intent to commit fraud.
- Mistaken identity or misidentification.
- Illegal search and seizure of digital devices.
- Insufficient evidence tying the accused to the fraudulent activity.
- Shared access to devices or internet connections that undermines the link between the accused and the activity.
The right defense depends on the facts of each case. A skilled lawyer tailors the defense to highlight weaknesses in the prosecution’s evidence.
Qualities to Look for in a Chicago Criminal Defense Attorney
When facing such serious charges, it is critical to choose the right lawyer. Defendants should look for an attorney who has years of experience handling complex felony cases, who understands Illinois statutes, and who is familiar with Cook County courts. The lawyer should be responsive, communicative, and aggressive in challenging evidence.
During a free consultation, important questions to ask include:
- How many cases like mine have you handled?
- What strategies might apply to my case?
- How often do your cases go to trial?
- What are the possible outcomes in my situation?
- How will you communicate with me throughout the process?
An attorney’s answers will help build trust and determine whether they are the right fit.
City-Relevant Criminal Defense FAQs
What happens if I am arrested in Chicago for Social Security number identity theft?
You will be booked and appear before a judge for a bond hearing, typically within 48 hours. The judge will decide whether you can be released on bond and under what conditions. It is critical to have an attorney at this stage to argue for release and begin challenging the case.
Is identity theft always a felony in Illinois?
Not always. If the value involved is under $300 and there are no aggravating circumstances, it can be charged as a Class A misdemeanor. However, most Social Security number identity theft cases in Chicago involve more than $300, making them felonies.
Can I be charged if I never actually used the Social Security number?
Yes. Illinois law makes it a crime to possess or attempt to use someone else’s identifying information with intent to commit fraud. Even if no money was taken, charges can still be filed.
Will a conviction stay on my record permanently?
Yes. A conviction for identity theft becomes part of your permanent criminal record. It can affect employment, housing, and professional licensing. Expungement is generally not available for felony convictions.
What role does federal law play in these cases?
If the alleged misuse of a Social Security number crosses state lines, involves federal benefits, or exceeds certain dollar amounts, federal prosecutors may become involved. Federal penalties are even harsher than state penalties.
What defenses can my attorney raise?
Defenses depend on the facts, but may include lack of intent, mistaken identity, illegal searches, or insufficient evidence. An attorney’s role is to examine the entire case and develop a strategy suited to the circumstances.
Why is it dangerous to represent myself?
Identity theft cases are complex. They often involve digital forensics, financial records, and expert testimony. Without an attorney, you are at a severe disadvantage against prosecutors who handle these cases regularly.
What if I am innocent but police found someone else’s Social Security number in my possession?
Your attorney can argue that possession alone does not prove intent to commit fraud. Context matters, and prosecutors must prove that you intended to use the number illegally.
Why You Need an Attorney and Why Choose David L. Freidberg
Facing Social Security number identity theft charges in Chicago is overwhelming. The law is complex, the penalties severe, and prosecutors aggressive. Attempting to handle such a case alone is a mistake. An attorney protects your rights at every stage, from bond hearings to trial, ensuring no evidence is used unlawfully and no opportunity for defense is overlooked.
The Law Offices of David L. Freidberg has decades of experience defending individuals accused of financial crimes throughout Chicago and the surrounding counties. With a strong track record of reducing charges, winning dismissals, and securing favorable outcomes, the firm is prepared to fight for you.
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.