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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
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Experience:  7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Who do I go to for prosecuting someone with identity theft

Resolved Question:

Who do I go to for prosecuting someone with identity theft in San Antonio, Texas, and what constitues proof of 'intent to harm or defraud' under Title 7, Chapter 32.51?
Submitted: 2 years ago.
Category: Legal
Expert:  LegalKnowledge replied 2 years ago.

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.

https://www.oag.state.tx.us/consumer/identity_theft.shtml

Customer: replied 2 years ago.

Is information on what constitues proof of 'intent to harm or defraud' considered legal advice then?

Expert:  LegalKnowledge replied 2 years ago.

I am not sure I understand your follow up question. Can you please clarify it and I would be happy to respond? Thanks.

Customer: replied 2 years ago.

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.

Expert:  LegalKnowledge replied 2 years ago.
I certainly understand your concern. When you file a police report, the police are going to want you to provide them with as much information as possible. If you know the name of the person, that is great. If you have proof of what they have done, even better. Any leads you may provide them, they will investigate. Once they gather it, they would likely arrest and charge the person. The case would then be turned over to the DA, who will determine exactly what charges to file against them, based upon the facts. It is a crime against the State because the State of Texas sets up laws and statutes, which people are governed by. The person who this happened to is the victim and the State acts on their behalf to punish someone who committed the crime. The victim needs to take the necessary steps to protect them self from any further fraud/theft. Please let me know if you have additional questions. I would be happy to answer them.
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 15943
Experience: 7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
LegalKnowledge and 11 other Legal Specialists are ready to help you
Customer: replied 2 years ago.
Thank you. Sorry about the clipped tone, it's been difficult to sleep since I found out about this.

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