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Is identity theft a federal charge?

Denver, CO |

My mom got charged with 24 counts of identity theft. Is that a federal crime?

Attorney Answers 1

Posted

Not unless she is charged in the federal court in Denver by the US Attorney's Office. If she is in the courthouse on W. Colfax at the Lindsey-Flanigan Courthouse, she is charged with state charges. Most ID theft is charged on the state level. It is really only a situation in which the defendant has crossed stateliness in committing the crime that it becomes a federal offense or if it is mail theft or something of that nature. As someone who used to prosecute ID theft and now defends ID theft, your mother needs an attorney NOW - whether a private attorney or a public defender. Even one charge of ID theft is bad, let alone 24 charges. I know the head of the Econ Crime Unit in Denver, Joe Morales, and he is a real hard prosecutor on any ID thefts, because of the impact on the victims and the national recognition that such crimes have received. Plus, a few of the prosecutors in the Denver DA's Office have actually had their identification stolen and it has messed up their credit. So, she is going to have a hard time of it without an exceptional attorney.

The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.

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11 comments

Asker

Posted

She got charged in Logan county. However got most of them dropped.is there anything to expect if she is living in my home? Idk how to say this exactly. But I feel at times my home is watched or something. Do you think or know if law enforcement is maybe keeping a close eye on her? Or am I paranoid?

Brook D Wood

Brook D Wood

Posted

I don't think the asker could have hoped for a more appropriate respondent to this question.

Asker

Posted

oh and she got forgery and unauthorized use of a financial device as well.

Asker

Posted

I agree. And really appreciate the help I really do. It answered alot of questions I have. Just concerned as a son

Christopher Daniel Leroi

Christopher Daniel Leroi

Posted

Understand that all of the Front Range judicial districts decided to work together in order to crack down on what are referred to as COCCA offenses - similar to the organized crime on the federal level like RICO. Charges involve theft, check fraud, unlawful use of a financial transaction device, and ID theft. There is a HUGE correlation between these crimes and organized crime and especially drugs. I am not saying that your mother is involved in organized crime or drugs. However, that does not mean that our "drug task force" teams in each of the judicial district do not "suspect" her of engaging in such conduct. So, law enforcement might be tailing her. However, understand that a "wiretap" is incredibly difficult to obtain, so I would not be worried about being "bugged."

Asker

Posted

I mention Logan county because the jail is a federal holding facility

Christopher Daniel Leroi

Christopher Daniel Leroi

Posted

Does she know if US Attorneys are involved in prosecuting her case and whether she is taken to the federal courthouse in downtown Denver? It is possible that it is federal if banks, the US Mail. or interstate issues were involved.

Asker

Posted

I understand and appreciate your answers. Thank you very much.

Asker

Posted

No she has court in the Logan jurisdiction. Just was making sure she is not being taled by the "feds" because if so hate to say it was gonna have to have her find another place to go. I have my daughter with me and look out for her protection first and for most

Asker

Posted

If police or the Feds are tailing her and unless you are a pro you will not know you are being tailed.

Asker

Posted

Right..not too worried about it just making sure my daughter is safe. Thank you all I appreciate the feedback. Thank you!

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