Chicago Transfer of Another’s Identity Information Defense Lawyer

Chicago is one of the busiest metropolitan areas in the United States, home to millions of residents and countless businesses that operate across neighborhoods like Hyde Park, Logan Square, and Lincoln Park. With its size and economic activity, Chicago also sees a significant number of cases involving fraud and financial crimes. One of the charges that prosecutors in Cook County aggressively pursue is the unlawful transfer of another person’s identity information.

Illinois law defines this conduct under the Illinois Identity Theft Statute, 720 ILCS 5/16G. The statute makes it illegal to knowingly use, possess, or transfer someone else’s personal identifying information with the intent to commit fraud or obtain something of value. Depending on the facts, this crime may be filed as a misdemeanor or a felony. However, the majority of cases involving transfer of another’s identity are prosecuted as felonies because they often involve financial losses or aggravating factors.

For example, if someone is accused of transferring another person’s Social Security number or bank account information with intent to commit fraud, they may face Class 3 felony charges punishable by two to five years in prison. If the loss exceeds certain thresholds or involves elderly victims, the charges may escalate to Class 2 or Class 1 felonies, with prison sentences of up to 15 years. These penalties show how serious Illinois courts treat identity-related offenses.

The consequences of being convicted go far beyond jail or prison. A criminal record in Chicago can follow someone for life, affecting their ability to find stable work, rent housing, obtain professional licenses, or even maintain immigration status. Because of these risks, anyone accused of this crime in Cook County, DuPage County, Will County, or Lake County must have strong legal representation from the beginning.

How Identity Theft Cases Begin and Progress in Illinois

In Chicago, cases involving the transfer of another’s identity information usually begin with an investigation. A bank, retailer, or victim may file a complaint with law enforcement, often the Chicago Police Department or Illinois State Police. Investigators gather digital and paper evidence, interview witnesses, and sometimes use undercover operations. For example, an officer may pose as a buyer of stolen credit card numbers to obtain proof of a transfer.

Once investigators believe they have enough evidence, the case is referred to the Cook County State’s Attorney’s Office. Prosecutors review the file and decide whether to approve charges. At this stage, the decision of whether to file misdemeanor or felony charges depends on factors like the amount of loss, whether the defendant has prior convictions, and whether victims are elderly or disabled.

The arrest process can happen quickly. Sometimes suspects are arrested during an undercover operation, while others are taken into custody after an arrest warrant is issued. Following an arrest, the defendant is brought to the Leighton Criminal Court Building at 26th and California for a bond hearing. Bail amounts in identity theft cases can vary widely, and without a defense attorney present to argue for release conditions, defendants may find themselves held in custody until trial.

Once charges are filed, the case follows the standard Illinois criminal process. Pretrial hearings are scheduled to address issues such as motions to suppress evidence, discovery, and plea negotiations. A defense lawyer may challenge whether law enforcement obtained digital records legally or whether a search warrant was properly issued. These hearings are critical because they often determine what evidence the jury will eventually see.

If no resolution is reached, the case goes to trial. Prosecutors must prove beyond a reasonable doubt that the defendant knowingly transferred another’s identity information with the intent to commit fraud. The defense has the opportunity to challenge the evidence, cross-examine witnesses, and argue alternative explanations. If convicted, the judge determines the appropriate sentence, which can range from probation to lengthy prison terms, along with fines and restitution orders.

The Illinois sentencing structure under 720 ILCS 5/16G provides specific guidelines. A Class 4 felony may carry one to three years in prison, while a Class 3 felony involves two to five years. More serious cases can lead to Class 2 felony convictions with three to seven years, or Class 1 felony convictions with four to 15 years. Judges in Cook County often also require repayment to victims, which can involve thousands of dollars in restitution.

Example Case and Defense Strategies

To better understand how these cases unfold, consider a fictional example set in the Rogers Park neighborhood. Police receive a report from a national retailer about fraudulent credit applications. Investigators trace the activity to an apartment where they believe stolen identity information is being stored. A search warrant is obtained, and officers recover laptops, phones, and paper files with sensitive information. The defendant is arrested and charged with multiple counts under 720 ILCS 5/16G.

In this type of case, prosecutors would present evidence such as digital forensic reports from computers, email communications suggesting transfers of data, and testimony from financial institutions that suffered losses. They might also introduce statements allegedly made by the accused during the arrest.

A defense attorney could approach this case in several ways. One strategy would be to challenge the legality of the search warrant. If the warrant was not based on reliable information or was executed improperly, the evidence seized could be suppressed. Another defense might focus on the element of intent. The statute requires proof that the accused knowingly transferred the information with intent to commit fraud. If the state cannot establish intent beyond a reasonable doubt, the charges should not stand.

Additionally, the defense could highlight chain-of-custody issues. If digital evidence was mishandled or not properly preserved, it may be unreliable. An attorney may also argue that the accused had no knowledge of the data’s presence, especially in situations where multiple individuals had access to the devices. In some cases, negotiating for reduced charges may be appropriate, especially if the defendant has no prior record. Probation, diversion programs, or restitution agreements may be possible outcomes.

This fictional Rogers Park scenario illustrates how quickly an investigation can lead to felony charges, and how important it is to have a defense attorney scrutinize every detail of the state’s case.

Why You Need a Criminal Defense Attorney in Chicago

Facing identity theft charges in Chicago is not something anyone should attempt alone. Every stage of the case carries risks. Without an attorney at the bond hearing, a defendant may be held in custody, disrupting work and family life. Without representation during pretrial motions, illegally obtained evidence may be admitted against the defendant. Without a lawyer at trial, the jury may never hear the weaknesses in the prosecution’s case.

An experienced Chicago defense attorney provides much more than legal arguments. They bring familiarity with local courts, judges, and prosecutors. They know how Cook County jurors respond to certain arguments and how to negotiate effectively with the State’s Attorney’s Office. They also provide guidance on the collateral consequences of conviction, including the long-term impact on employment, housing, and professional licensing.

Qualities to look for in a Chicago criminal defense attorney include extensive trial experience, a record of defending financial and fraud-related cases, strong negotiation skills, and a reputation for aggressive advocacy. During an initial consultation, defendants should ask potential attorneys about their courtroom experience, their approach to identity theft cases, and their availability to handle urgent matters. They should also ask how the attorney communicates with clients and what strategies may apply to their particular situation.

The benefits of having legal counsel extend beyond the trial itself. In some cases, early intervention by a lawyer can result in charges being reduced or dismissed entirely. In others, an attorney can negotiate sentencing alternatives like probation or diversion programs. The key is having representation from the beginning, so that every opportunity to challenge the state’s case is fully explored.

Chicago and Illinois Criminal Defense FAQs

What does Illinois law say about identity theft?
Under 720 ILCS 5/16G, it is illegal to use, possess, or transfer another person’s personal identifying information with the intent to commit fraud. This includes Social Security numbers, bank account numbers, and other sensitive data. Depending on the facts, charges may range from Class 4 to Class 1 felonies.

Is identity theft always a felony in Illinois?
While some minor cases may be filed as misdemeanors, most transfer of identity information cases in Chicago are prosecuted as felonies. Factors such as the amount of loss, the age or vulnerability of the victim, and prior criminal history determine the severity of the charges.

What penalties could I face if convicted?
Penalties include prison terms ranging from one year to fifteen years, steep fines, restitution orders, and probation. A felony conviction also leaves a permanent criminal record that can impact employment and housing opportunities.

How does the criminal process work in Chicago?
The process begins with an investigation, followed by arrest and a bond hearing at the Leighton Criminal Court Building. Pretrial motions address evidence issues, and if no resolution is reached, the case proceeds to trial. At trial, the state must prove guilt beyond a reasonable doubt.

What evidence is used in identity theft cases?
Prosecutors often rely on digital forensic reports, bank and credit records, physical documents like IDs or applications, and testimony from alleged victims. Defense attorneys examine whether this evidence was collected legally and whether it proves intent to commit fraud.

Can identity theft charges be reduced or dismissed?
Yes. A skilled defense attorney can negotiate with prosecutors for reduced charges or alternative sentencing, particularly if the defendant has no prior record. In some cases, suppression of unlawfully obtained evidence can lead to dismissal.

What defenses are available in identity theft cases?
Common defenses include lack of intent, mistaken identity, unlawful search and seizure, and chain-of-custody challenges. The specific defense depends on the evidence and facts of the case.

Why should I hire a defense attorney immediately?
Early legal representation is critical. Attorneys can challenge evidence, argue for lower bail, and develop a strong defense before trial begins. Delaying representation increases the risk of unfavorable outcomes.

What questions should I ask at my free consultation?
Ask about the attorney’s experience with financial crime cases, their familiarity with Cook County courts, their defense strategy for identity theft charges, and their availability for urgent matters.

How does a conviction affect my future?
A conviction creates a permanent record, which can prevent employment, housing, and professional opportunities. It may also affect immigration status. Defense attorneys work to avoid conviction or minimize its impact.

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.