Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
I am sorry to hear about your situation. The criminal prosecution is up to the District Attorney, since the crime itself is against the State of Texas. As such, you can report this to the police and they will file a report and turn it over to the DA, to review and decide to file charges and prosecute. If you had a civil cause of action, that could be brought by you, to recover damages, for which the DA may not be able to recover for you. I have also attached a link from the Attorney General, who address this issue, ways to protect yourself and ways to report it.
Is information on what constitues proof of 'intent to harm or defraud' considered legal advice then?
I am not sure I understand your follow up question. Can you please clarify it and I would be happy to respond? Thanks.
It seems like I'm going to have to file a police report, which gets handed over to the DA, and or just place a fraud alert on my accounts... But what happens when I file that police report or place that fraud alert?
If I file a fraud alert, do they do anything except protect against future threats to my information? Will they actively investigate the person that I know has been handing out my data or will it be a wait and see scenario where the review my accounts occasionally and see if anything unusual pops up?
If I hand it over to the police, will they seize the potential defendants computers or phones, backtrack the information, and hand THAT over to the DA, or will it be filed and sent off after the intial report and the DA merely looks over what they have rather then investigating what they could uncover? What facts will the DA be looking for when they review my case and decide whether or not to prosecute? What could I include in the aforementioned police report to increase my chances at not only protecting myself but to actively punish the person who has taken my information?
And why is it a crime against the state? Why is it up to the DA to persecute rather than the individual who has become a victim in this scenario? Sure the state could handle it better when there has obviously been a breach such as the person creating illegitimate credit cards or bank accounts, but how do I adopt an offensive strategy BEFORE that offense has taken place, when there is very little to go on?
I don't know, and I was hoping for some quick answers before I went to the DA or Attorney Genera's offices for help. To know if it's even worth the headache beyond simply placing an extended fraud alert on my credit information.
The problem with that scenario though, is that the thief could still use my information to harm me beyond simply ruining my credit... They haven't done anything yet, but I unfortunately knew the thief and know if they've taken the steps to get my information, they intend to use it.
And I don't know how to judge the disctinction between legal advice and information. I don't know how much information I should give you, or how much you can give me...
Please respond with information on any of the above questions as quickly as possible. I want to know what will happen next.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).