Fraud and Identity Theft Lawyer in Tempe, AZ

Tempe lets some identity theft reports start online. The department's online reporting page lists "Identity Theft (No Suspect)" and limits it to Tempe residents, and it is the one category on that page exempt from the rule that the incident must have occurred inside the city. Incidents at Arizona State University are excluded from online reporting, and anything that does not fit the page's conditions goes to the non-emergency line instead. A Tempe resident whose information was misused elsewhere can therefore begin a case here, and a report filed without a suspect may gain one later, once bank records or a shipping address point toward a name.

For reports that need more documentation, the Tempe Police forms page lists an Identity Theft / Citizen Fraud Packet and a separate Financial Institution Forgery Packet. The titles alone say something about how these accusations are built: the person or bank reporting the loss gathers the paperwork, and the detective works from that collection. A highlighted statement is a claim about which charges were unauthorized, not proof of who made them.

Among its detective squads, the department names a Document and Arson Crimes Unit, though no published description says what it handles. The card or letter you received is the surest guide to who has your case.

Arizona's identity statutes are felonies from the start. Under A.R.S. 13-2008, knowingly taking, holding or using another person's identifying details without permission, for an unlawful purpose or to cause a loss, is a class 4 felony whether or not anyone is actually out money. A.R.S. 13-2009 makes it class 3, aggravated, if three or more people's details are taken, if a victim loses $1,000 or more, or if the aim is to get hired. Having three or more people's information outside the normal course of business may support an inference of an unlawful purpose, which a jury may weigh but does not have to accept.

Forgery under A.R.S. 13-2002 needs intent to defraud. It covers making or altering a written instrument, knowingly holding a forged one, and presenting one even if the bank or store turns it away. Five or more forged instruments can support an inference of that intent, and the offense is generally a class 4 felony.

Card cases are measured over time. For fraudulent use of a credit card, A.R.S. 13-2105 totals the value of what was gotten, or tried for, across any six consecutive months. Below $250 the charge is a class 1 misdemeanor; $250 up to $1,000 is a class 6 felony, and $1,000 or more is class 5. The city's Criminal Division, which brings misdemeanors arising in Tempe under state law and city code, can handle a misdemeanor card count from a Tempe Police report at Tempe Municipal Court, 140 E. Fifth Street.

Felony cases go to the Maricopa County Attorney's Office. The Arizona Attorney General's Office takes certain state felonies too, commonly ones that spread across more than one county, came from a state agency's investigators, or were referred by the county attorney. We handle these matters whichever office brought the charge. Those cases are heard in the Superior Court complex downtown, at the Central Court Building, 201 W. Jefferson St., or the South Court Tower, 175 W. Madison St. Confirm the building on your current notice.

Returned checks follow a county process. Through its Check Enforcement Program, the County Attorney has a merchant send the writer a demand letter first and submit the check only after the deadline passes. When the office finds sufficient evidence of a crime, its page warns, the writer may receive a summons to criminal court, face an arrest warrant, or both.

Some identity cases are charged federally. Under 18 U.S.C. 1028A(a)(1), knowingly using another person's means of identification without lawful authority during certain federal felonies adds a mandatory two-year prison term on top of the sentence for the underlying crime.

Avoiding jail is not the same as avoiding a conviction. Fraud, forgery and identity theft convictions can raise trust questions with employers who handle money, patient records or customer data. A felony conviction makes a person a prohibited possessor under A.R.S. 13-3101 until firearm rights are restored, and A.R.S. 13-603(C) requires restitution of the full economic loss as the court determines it. A computer tampering conviction adds forfeiture, under A.R.S. 13-2316(C), of a computer or phone the defendant owned or used exclusively and that was used in the offense. Anyone who is not a U.S. citizen should get immigration advice before a plea.