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Wilmington Internet Identity Theft Lawyer

Law enforcement agencies have become very sophisticated and interested in all types of computer crime and identity theft, including Internet identity theft. The Delaware State Police Intelligence Unit includes a High Technology Crimes Unit and other squads and task forces with detectives dedicated solely to investigating Internet identity theft and other high tech crimes. With such sophisticated resources being dedicated to the investigation and prosecution of Internet crime, you need to make sure you retain a high-quality, experienced criminal defense attorney on your behalf with the knowledge and skill to mount a strong defense.

I am attorney Michael Modica, a former Delaware Assistant Attorney General and criminal prosecutor with more than three decades of experience representing individuals in Wilmington and New Castle County charged with identity theft and other white collar crimes. As prosecution of these crimes has moved to Internet-related offenses, my representation has become increasingly sophisticated as well. Call my office for a free consultation from a Wilmington internet identity theft lawyer if you are being investigated or have been arrested for Internet identity theft.

Phishing for Personal Data

Phishing is one of the main types of activities being prosecuted as Internet identity theft. It is illegal to steal or possess identifying personal information of another, or to impersonate another for financial gain. Phishing involves sending emails that purport to be from a company the user may do business with, in an attempt to get the person to divulge account information such as usernames, passwords, account numbers and other sensitive data.

Identity Theft Defined

The crime of identity theft in Delaware contains the following elements:

  • Knowingly or recklessly obtaining, producing, possessing, using, selling, giving or transferring
  • Personal identifying information belonging or pertaining to another person
  • Without the consent of the other person
  • With the intent to use the information to commit or facilitate any crime

Committing those same actions which result in knowingly or recklessly facilitating the use of the information by a third person to commit or facilitate any crime can also be charged as identity theft in Delaware.

Personal Identifying Information is Defined Very Broadly

For the purpose of Delaware’s identity theft statute, personal identifying information includes a person’s name, address, birth date, Social Security number, driver’s license number, telephone number, checking or savings account number, electronic identification number, educational record, health care record, financial record, credit record, employment record, e-mail address, computer system password, mother’s maiden name or similar personal number, record or information.

Judge Orders Restitution in Identity Theft Cases

Identity theft is a class D felony, which means a person can be sentenced to up to eight years in prison if convicted. In addition to any fines which may be imposed as a criminal penalty, the judge will also order full restitution for any monetary loss, including lost wages and attorney fees. Restitution is ordered whether you are convicted or plead guilty to the offense charged.

Prosecution Must Prove all Elements, including Intent

It is important to remember that even if you are arrested for Internet identity theft, you are still presumed innocent until proven guilty. The prosecutor must be able to prove every element of the offense beyond a reasonable doubt, and you are entitled to mount a strong defense with the help of an experienced attorney. Police and prosecutors may arrest and charge someone merely for possessing another person’s personal identifying information, but if they cannot prove an intent to defraud, then they have not proven their case.

Let Michael Modica Help You Defend Yourself Against Charges of Internet Identity Theft

You have a constitutional right to defend yourself when you are being charged with a crime, and to challenge the prosecution when they are trying to prove a case against you. I have over thirty years of experience in white collar criminal defense. I understand how to build a case from day one and present a strong defense on behalf of my clients. If you have been arrested for Internet identity theft in New Castle County, call the law office of Michael W. Modica in Wilmington at 302-600-1262 for a free consultation or immediate assistance from a Wilmington internet identity theft lawyer.

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