Legal Question in Criminal Law in California
Charged with Identity theft
In January I was charged with 3 counts of Identity theft. The charges were brought about due to someone applying online for 3 credit cards using a ssn. The person who is the ''victim'' was a friend of mine who asked if she could have some things mailed to my address due to her father getting onto her about her credit card debt. I agreed and everything that was mailed to my address with her name was given to her. She later said she never applied for the cards or received anything. I have never had access to her ssn and I never signed anything related to this. However I'm being charged because it was my address that the packages were sent to. The case was bound over to a higher court and I went to court last week. I was also taken into custody while there because 16 more counts were added to the charges. Its now up to 3 counts of Identity theft and 15 counts of theft. I was charged for every time the card was used.I'm not sure what to expect or what to do because I've never been in any trouble before. I have a public defender but they just keep telling me they'll be in contact, this just makes me worry more since they aren't even looking at the case. I don't have much money so a private lawyer isn't an option.Im not sure what to do.
3 Answers from Attorneys
Re: Charged with Identity theft
If your PD does not contact you so you can tell your side of the story and work on a defense ask the court for a Marsden hearing. Make sure that you politely, but firmly state your objections to the cour and that his objection is in the record.
Re: Charged with Identity theft
Did you ever use the victim's card to make purchases? If you did, your explanation of the circumstances is phoney and you are guilty of identity theft. You should go to jail and pay all the money back. If not, you should hire a private lawyer to defend the case. Identity theives are particularly loathesome.
Re: Charged with Identity theft
If you can't afford private counsel, 'what to do' is keep contacting and meeting with your PD and make sure he understands your case and facts, and is working for you.