Identity Theft & Forgery

Identity Theft & Forgery

Identity theft and forgery in Alberta are serious crimes, with penalties including imprisonment, fines, and a lasting criminal record, depending on the scale and impact of the offence.

If you have been charged with identity theft or forgery in Edmonton, your top priority should be contacting an experienced criminal defence lawyer immediately.

Identity theft and forgery are serious criminal offences in Canada, carrying penalties that can significantly impact your future. With over 25 years of experience in criminal law, Geoff Green provides knowledgeable legal defence for individuals facing identity theft, forgery, and other fraud-related charges. Geoff will help you understand the legal process, build a strong defence strategy, and work to secure the best possible outcome for your case.

Understanding Identity Theft and Forgery in Alberta

Identity theft typically involves using someone else’s personal information without consent, while forgery often entails creating, altering, or using false documents.

These actions are considered forms of fraud under the Criminal Code of Canada, and both offences carry penalties such as fines, probation, and even imprisonment.

Identity theft and forgery are complex criminal offences that involve deceitful actions for personal or financial gain.

In Alberta, identity theft and forgery can involve a range of actions, including:

Offence Description
Identity Theft Using someone’s personal information, such as SIN, credit card details, or ID, without consent
Forgery Creating or altering documents (e.g., IDs, contracts) to deceive or defraud
Possession of Stolen Identity Info Holding personal information with the intent to commit fraud or theft
Credit Card Fraud Unauthorized use or fabrication of credit card information for personal gain

 

If you are facing any of these charges, Geoff Green can offer comprehensive defence services, focusing on your rights and building a defence tailored to the specific details of your case.

Fraud Defence: Protecting Your Rights Against Serious Charges

Defending against fraud charges requires a precise understanding of Canadian criminal law and the ability to challenge the evidence presented.

Fraud cases are complex, often involving a wide range of evidence that the prosecution must prove beyond a reasonable doubt. In cases of identity theft, forgery, and related fraud charges, the prosecution must demonstrate intent, which can be difficult to establish. Geoff Green carefully examines the details of each case to identify weaknesses in the prosecution’s arguments, helping protect your rights in court.

Types of Fraud Offences and Potential Penalties

Fraud charges in Canada are classified by the value of property or funds involved. Penalties for fraud offences can range from probation to lengthy prison terms.

Fraud Offence Type Value Threshold Possible Penalties
Fraud Under $5,000 Under $5,000 Fines, probation, or up to 2 years in prison
Fraud Over $5,000 Over $5,000 Imprisonment up to 14 years, significant fines
Identity Theft & Forgery Varies based on the offence Fines, restitution, probation, and potential imprisonment

In Alberta, fraud cases are often prosecuted by Crown prosecutors with extensive resources. Geoff Green leverages his courtroom experience and in-depth criminal law knowledge to build an effective defence, ensuring that you receive fair treatment, and your rights are respected throughout the legal process.

How Geoff Green Builds a Defence for Identity Theft and Forgery Charges

Geoff Green constructs a comprehensive defence strategy based on the unique details of each client’s case.

In identity theft and forgery cases, Geoff focuses on challenging the evidence, examining procedural fairness, and questioning the intent behind the alleged offence. This methodical approach ensures that every aspect of the case is thoroughly reviewed, and any weaknesses in the prosecution’s argument are exposed.

Key Elements in Identity Theft and Forgery Defence

  1. Challenging the Evidence: The prosecution must prove identity theft or forgery beyond a reasonable doubt. Geoff will scrutinize every piece of evidence to ensure it meets legal standards.
  2. Examining Intent: The Crown must establish intent to commit fraud for a conviction. Geoff assesses whether there is a clear indication of intent or if the actions may be misinterpreted.
  3. Questioning Police Procedures: Proper handling of evidence and legal procedure is critical. Any irregularities can lead to evidence being dismissed.
  4. Proving Reasonable Doubt: In criminal cases, the prosecution bears the burden of proof. Geoff will focus on creating reasonable doubt about the allegations.
  5. Challenging inferences: the circumstances of the act must give rise to a reasonable inference that the information was intended to be used to commit an indictable offence that includes fraud, deceit, or falsehood. An accused person must also be aware of these circumstances.
  6. Personation: a person does not commit the offence of personation simply by adopting a false identity. There must be a fraudulent purpose proven for this specific intent offence according to s.403 of the Criminal Code.
  7. Trafficking: it is also an offence to transmit, make available, distribute, sell, or offer to sell another person identity information. Here, Geoff will work against the Crown who may try to prove any of these methods of trafficking an indictable offence, like forgery, personating a peace officer and so on.

Geoff Green’s experience in criminal defence allows him to handle even the most challenging identity theft and forgery cases, providing legal guidance that protects clients from unwarranted convictions.

Identity Theft and Forgery: Potential Consequences and Long-Term Effects

A conviction for identity theft or forgery can have lasting effects on your personal and professional life.

Beyond immediate penalties such as fines or prison, a criminal record can impact your reputation, employment, and ability to travel. Canadian law takes fraud-related offences seriously and can result in severe punishments to deter future fraudulent activity.

Consequences of an Identity Theft or Forgery Conviction

Potential Consequence Description
Fines and Penalties Financial penalties vary based on the severity of the offence
Imprisonment Prison sentences up to 14 years for serious fraud
Probation and Community Service Possible alternatives to incarceration, depending on the case
Criminal Record A permanent record that impacts travel, employment, and possibly immigration consequences
Restitution Court-ordered compensation to the victim for financial losses

Geoff Green understands the far-reaching effects of a criminal record and will work tirelessly to minimize these consequences, exploring options for reduced charges or alternative sentences whenever possible.

Navigating the Criminal Justice System in Edmonton

Facing fraud charges in Edmonton requires a strong legal advocate who understands Alberta’s criminal justice system.

From pre-trial processes to courtroom proceedings, Geoff Green’s knowledge of local legal procedures and relationships with Edmonton’s legal community enable him to navigate complex cases efficiently. He also ensures that his clients are fully informed of their rights, the charges they are facing, and the potential outcomes.

Steps in a Criminal Case for Identity Theft and Forgery

  1. Arrest and Charge: Police gather evidence, and charges are laid if there is reasonable suspicion.
  2. Bail Hearing: For serious charges, a hearing is held to determine release conditions.
  3. Pre-Trial Preparation: Defence builds a strategy by reviewing evidence and interviewing witnesses.
  4. Trial: Defence and prosecution present cases; judge or jury delivers a verdict.
  5. Sentencing (if convicted): Sentences may include fines, prison, probation, or restitution.
  6. Appeals (if necessary): Clients can challenge the verdict or sentencing.

For Victims of Identity Theft and Fraud in Alberta

If you are a victim of identity theft or fraud in Alberta, there are important steps you can take to protect yourself and seek justice.

In many cases, the impacts of identity theft are severe, including financial loss and damage to credit. Report the incident to the Edmonton Police Service and consult legal resources to explore options for compensation. Geoff Green can help navigate the legal aspects of victim recovery, restitution, and how the law addresses compensation.

Immediate Steps for Victims of Identity Theft

Action Description
Report to Police File a report with the police to initiate an investigation
Monitor Financial Statements Check for unauthorized transactions or credit inquiries
Notify Credit Bureaus Place fraud alerts on your credit reports
Consult Legal Advice Explore legal options for restitution and protective orders

Frequently Asked Questions about Identity Theft and Forgery Charges in Alberta

Can I be charged with identity theft if I only used part of someone’s identity, like their email or phone number?

Yes, even partial use of someone’s identifying information, like an email or phone number, can lead to identity theft charges if it’s used deceitfully. Alberta law considers it identity theft if there’s an intent to mislead or gain advantage by using any aspect of someone else’s personal information, which can be a complex area best navigated with a fraud lawyer. Identity information is defined in s.402.1 of the Criminal Code and has a wide range of meanings including credit card numbers and biological information.

Are there specific challenges with proving identity theft cases in Alberta?

Identity theft cases often rely on digital evidence, which can be challenging to gather and verify. The Crown prosecutor must demonstrate a clear link between the accused and the fraudulent use of another’s identity, often requiring digital forensics, which may affect how cases are prosecuted and defended.

If someone uses a forged document to impersonate me, can I be held responsible for any actions taken in my name?

Legally, you’re not responsible for actions taken under a forged identity, but identity theft victims often face financial and legal complications in clearing their name. An Edmonton criminal lawyer can assist in navigating these issues, helping victims to rectify fraud-related consequences and remove false records from their personal history.

Could an identity theft conviction affect my ability to travel internationally?

Yes, an identity theft conviction can restrict your ability to enter other countries, particularly the United States, which imposes strict entry regulations on those with fraud-related criminal records. This travel limitation is one of several reasons individuals charged with identity theft should contact a lawyer for advice on defending against these charges.

How does Alberta handle identity theft cases involving minors?

If a minor is accused of identity theft, they may be prosecuted under the Youth Criminal Justice Act, which offers different protections and sentencing options. The case may still lead to severe consequences if tried in adult court, and consulting a criminal lawyer is essential to navigate the unique aspects of juvenile identity theft charges.

Why Choose Geoff Green for Your Identity Theft or Forgery Defence

Geoff Green brings decades of experience to identity theft and forgery cases, offering dedicated legal support and a results-driven approach.

Facing criminal charges can be overwhelming, but with Geoff Green as your defence lawyer, you gain a committed advocate who will stand up for your rights and guide you through every stage of the process. His practice is rooted in detailed case analysis, legal knowledge, and a commitment to achieving the best possible outcome for his clients.

Benefits of Choosing Geoff Green

  • Free Initial Consultation: Geoff offers a no-cost consultation to discuss your case and understand your options.
  • Over 25 Years of Experience: A seasoned criminal defence lawyer in Edmonton, Geoff is familiar with local courts and the nuances of Alberta’s criminal law.
  • Personalized Defence Strategy: Every case is unique; Geoff tailors his approach to fit the specifics of each client’s situation.
  • Transparent Communication: Geoff keeps you informed at every step, explaining your rights and likely outcomes.

If you have been charged with identity theft, forgery, or any related fraud offence, contact Geoff Green today to schedule a free consultation. With his guidance, you can navigate the complexities of the legal system and work toward a favourable resolution for your case.