Legal Question in Criminal Law in Nevada

aggravated identity theft

My brother has a perfect clean record with not even a traffic ticket, he was arrested in Nevada and was charged with 3 count aggravated identity theft and some other credit card fraud charges. Keeping in mind that this is a debit card fraud please help me.

There was nothing at all found on him nor he had anyone�s other then his information, they did not even searched his house when he was arrested. All that he is assuming that prosecutors have is the video/pictures from bank cameras of him with some people that he knew not to be around with. Can this be considered to be aggravated identity theft if he did not have anything that was found on him? Can this be reduced to �Identity Theft�?

The total dollar amount in the Indictment is about $25,000.00 in total for 4 people. Keeping in mind that this is a debit card fraud.

When the �Aggravated� factor is used it means that someone would get if they used all the information there is about someone and obtained credit, loan, or bought a house or similar. Is this the case or am I wrong? Plz explain if possible. Would it be possible to remove the Aggravated factor?

4 people on the indictment and he is the last on the list of the people that were arrested. Been last on good or bad?


Asked on 12/14/08, 5:53 am

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: aggravated identity theft

Whether your brother is guilty has little to do with whether he had any evidence on him when he was arrested. The police and prosecutors are not limited to such evidence, and there is no reason why they should be.

It is not wise to speculate about what evidence the authorities have. The videotape your brother describes may be just one of many pieces of evidence against him.

Whether the "aggravated" aspect of the charge will stick will depend upon the evidence. We don't know what the evidence is, so there is no way to say whether it applied to this case.

Finally, the fact that your brother's name was listed last is completely irrelevant. Someone has to be last, even if the charges against all the defendants are equally serious.

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Answered on 12/14/08, 11:43 pm
Jim Herbe Black & Lobello

Re: aggravated identity theft

Thank you for your inquiry.

If your brother is one of 4 named individuals in such a case it seems as if they are investigating a conspiracy of identity theft. Your brother should look out for his own individual interests first.

I would need to know more about the facts of the case to properly advise him. My contact information is below. Feel free to give us a call if you'd like to consult with an attorney.

Regards,

Jim Herbe, Esq.

702.307.1355

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Answered on 12/16/08, 5:54 pm


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