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Chicago Social Security Number Identity Theft Defense Lawyer
Understanding the Charges in Illinois
In Chicago, Social Security number identity theft is prosecuted with a seriousness on par with violent crimes. The reason is simple: these numbers are used to secure employment, file taxes, open financial accounts, and obtain government benefits. When someone is accused of misusing another person’s number, prosecutors and judges view it as a direct attack on the integrity of critical systems.
Illinois law defines identity theft under 720 ILCS 5/16G-15. The statute makes it a crime to knowingly use or possess another individual’s personal identifying information, including Social Security numbers, with the intent to commit fraud or obtain value. What surprises many people is that the law does not require any money to be lost. Attempting to use a Social Security number without authorization can result in charges, even if the scheme failed.
Chicago prosecutors almost always pursue these cases as felonies, unless the value is under $300. Class 3 felonies carry up to five years in prison, and the severity increases with the financial impact. For cases involving hundreds of thousands of dollars, penalties can rise to Class X felonies, which mean six to thirty years in prison. Even a first-time offender can face life-altering punishment.
How Cases Emerge in Chicago
Chicago’s financial infrastructure is heavily monitored. Banks, payroll services, and even the Illinois Department of Employment Security actively track suspicious activity. Many cases begin when employers or agencies notice duplicate Social Security numbers on applications. Tax preparers also alert authorities when multiple filings come in under the same number.
Once a complaint is received, investigators begin piecing together the evidence. They issue subpoenas for records, contact credit bureaus, and examine electronic applications. Because so much of this activity takes place online, digital forensics are a key part of the process. Police or federal agents may trace IP addresses, email accounts, or online logins back to an accused individual.
An arrest often comes as a shock to the accused. People in neighborhoods across Chicago—whether in Rogers Park, Englewood, or Little Village—have found themselves suddenly facing financial crime detectives at their door. By the time law enforcement makes an arrest, they often believe the case is solid. But appearances are not always reality. Many investigations rely on circumstantial evidence that can be challenged by an experienced defense lawyer.
The Criminal Court Process
Once arrested, defendants are booked and scheduled for a bond hearing. This hearing, usually held at the Cook County Criminal Court at 26th and California, is the first opportunity for a defense lawyer to intervene. Judges consider the seriousness of the charges, prior criminal history, and risk of flight when setting bond. Strong advocacy here can mean the difference between release and months spent awaiting trial in custody.
After arraignment, the discovery process begins. Prosecutors must provide the defense with their evidence. This may include financial records, digital evidence, and witness statements. Defense attorneys review this material for inconsistencies, constitutional violations, or errors. Motions to suppress evidence are often filed, especially when law enforcement obtained digital evidence without a proper warrant.
If the case cannot be resolved through negotiation or dismissal, it moves to trial. Illinois trials are adversarial, with prosecutors presenting their evidence and defense attorneys challenging each point. The state must prove guilt beyond a reasonable doubt. Defense counsel cross-examines witnesses, highlights weaknesses, and presents alternative explanations.
Even after trial, the fight is not over. Sentencing hearings provide another chance to advocate for probation or reduced punishment. Appeals may follow if legal errors occurred. At every stage, the presence of a skilled defense lawyer changes the outcome.
Hypothetical Case Study
Consider a case on Chicago’s North Side. Police accuse a woman of using another person’s Social Security number to obtain unemployment benefits. The application was filed online, and investigators traced it to an IP address associated with her home. The benefits were deposited into a bank account in her name.
At first, the evidence seems strong. But a defense lawyer examines the facts closely. The woman’s teenage son admitted to using her laptop regularly. He also admitted to accessing her bank account for unrelated purchases. Investigators never proved who submitted the application. The defense presents this reasonable doubt, forcing prosecutors to reevaluate. Instead of prison time, the charges are reduced, and the woman avoids a felony conviction.
This example underscores the importance of challenging assumptions. Prosecutors may believe they have a clear-cut case, but deeper investigation often reveals weaknesses.
Evidence in Identity Theft Cases
Evidence in these cases falls into several categories. Financial documents such as loan applications or tax filings are common. Banks and credit bureaus provide transaction records. Digital evidence, including IP addresses, email records, and metadata, is increasingly central. Police may also seize cell phones and computers, examining them for login data, stored Social Security numbers, or communication about fraudulent activity.
Defense attorneys carefully analyze how evidence was collected. Did police have a valid warrant? Did they exceed its scope? Was the chain of custody maintained? Was the evidence circumstantial rather than direct? These questions often form the basis of successful defenses.
Defense Strategies
No single defense works for every case. Instead, strategies are tailored to the facts. Some defenses focus on the lack of intent to defraud. Others emphasize mistaken identity, particularly when multiple people share devices or internet access. In some cases, attorneys argue that law enforcement conducted unlawful searches, making the evidence inadmissible.
Another powerful defense is insufficiency of evidence. Prosecutors may present a pile of records, but without a direct link between the accused and the fraudulent act, the case is weak. Attorneys in Chicago courts often succeed by highlighting these gaps.
FAQs: Chicago Identity Theft Defense
What makes Social Security number identity theft different from other fraud charges?
It involves the use of a government-issued identifier tied to multiple systems. Because of its importance, penalties are harsher and prosecutors treat these cases as priorities.
If I am innocent, why do I need a lawyer?
Even innocent people can be convicted if they lack legal representation. Prosecutors are trained to argue their case strongly. Without a lawyer to challenge them, your side of the story may never be fully heard.
How long does a case like this take in Chicago courts?
It varies. Some cases are resolved in months through plea agreements. Others go to trial and may last a year or longer. The complexity of digital evidence often prolongs proceedings.
What if I was pressured into using someone else’s Social Security number?
Coercion is a defense. If someone forced or manipulated you into the act, your lawyer can present that as evidence that you lacked intent.
Can a conviction be expunged?
Generally, no. Felony convictions for identity theft cannot be expunged in Illinois. They remain on your permanent record.
Do prosecutors in Cook County seek prison time for first-time offenders?
Yes, especially if the value exceeds $300. However, a defense lawyer may persuade prosecutors to agree to probation or reduced charges depending on the circumstances.
Will federal charges be added to my case?
It is possible. If federal benefits or interstate commerce is involved, the U.S. Attorney’s Office may file separate charges. These carry much harsher penalties.
What should I do if contacted by investigators?
Do not answer questions without an attorney present. Anything you say can and will be used against you. Politely decline to speak until you consult with legal counsel.
Why Choose The Law Offices of David L. Freidberg
Facing allegations of Social Security number identity theft in Chicago is overwhelming. The potential for prison, fines, restitution, and permanent record damage is real. The Law Offices of David L. Freidberg provides the aggressive defense needed to counter these charges. With decades of courtroom experience in Cook County and surrounding areas, the firm has secured dismissals, reductions, and acquittals for clients accused of financial crimes.
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.