Identity Theft Lawyer Near Me
Facing an identity theft charge can be unsettling, whether the allegation involves credit card fraud, unauthorized use of personal information, or a complex scheme spanning multiple transactions. In New York, identity theft is prosecuted under the New York Penal Law and, when the alleged conduct crosses state lines or involves federal interests, federal law may also apply. The consequences of a conviction—incarceration, fines, restitution, and a criminal record—can affect employment, professional licensing, and immigration status. Law Offices Of SRIS, P.C., founded in 1997, assists individuals accused of identity theft throughout New York City, Long Island, and the Hudson Valley. Mr. Sris and his Of Counsel team review the state’s evidence, identify potential defenses, and work toward a resolution that protects the client’s future. For a consultation, contact the firm at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Identity Theft Means in New York
New York defines identity theft broadly under its Penal Law. The offense generally involves knowingly using another person’s personal identifying information—such as a name, Social Security number, date of birth, driver’s license number, or financial account data—with the intent to obtain goods, services, or credit, or to commit another felony. Prosecutors may charge identity theft as a misdemeanor or a felony; the classification often turns on the value of the property or services obtained and the number of victims. Even a first-time offense can result in jail time and a permanent mark on a person’s record.
New York City criminal courts, the Nassau and Suffolk County district courts, and the superior courts upstate each handle these matters. The Office of the District Attorney for the relevant county typically prosecutes state-level charges. If federal authorities are involved—for example, when identity theft is linked to mail fraud, wire fraud, or immigration document fraud—the case may be heard in the U.S. District Court for the Eastern or Southern District of New York. Because New York law allows both concurrent and consecutive sentences on multiple counts, the potential exposure in a case involving several transactions can be substantial.
How Mr. Sris and His Of Counsel Handle Identity Theft Cases
When a client retains Law Offices Of SRIS, P.C. for an identity theft matter, the firm begins by closely examining the prosecution’s evidence. Mr. Sris and his Of Counsel look at how the alleged identifying information was obtained, whether it was actually used in a prohibited manner, and whether law enforcement followed constitutionally required procedures during the investigation. Gaps in the chain of custody, questionable forensic evidence, or statements obtained in violation of Miranda rights can all form the basis of a motion to suppress or dismiss.
If a negotiated resolution is in the client’s interest, the firm works with the prosecutor to explore charge amendments, reduced pleas, or diversion programs that may be available in New York—for example, judicial diversion or pre-trial intervention in certain counties. When a trial is necessary, Mr. Sris and his Of Counsel prepare thoroughly, challenging the government’s witnesses and presenting a cohesive defense. Throughout the process, the firm keeps the client informed and makes sure that every strategic decision is made with the client’s approval.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced criminal law since founding the firm in 1997. His background in accounting and information systems gives him added insight into the financial and technology-related evidence common in identity theft prosecutions. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris and his Of Counsel have represented clients in a wide range of criminal matters and work collaboratively to develop defense strategies tailored to each case. Past outcomes have included dismissals, charge reductions, and favorable resolutions at trial. Results may vary.
Frequently Asked Questions
What is identity theft?
Identity theft is the unlawful use of another person’s personal identifying information—such as a Social Security number, driver’s license, or credit card number—to obtain credit, goods, services, or anything of value. In New York, the offense is codified in Article 190 of the Penal Law and may be charged as a misdemeanor or a felony. The severity of the charge depends on factors such as the monetary loss, the number of victims, and whether the defendant has a prior record. A conviction can lead to incarceration, probation, fines, and a permanent criminal record.
Do I need a lawyer for identity theft charges in New York?
Yes, retaining an experienced criminal defense attorney is strongly recommended if you are facing identity theft charges in New York. Even a seemingly minor case can result in incarceration and long-term collateral consequences affecting employment, housing, and professional licensure. An attorney can scrutinize the evidence, challenge any procedural violations, negotiate with the prosecutor for a dismissal or reduction, and prepare the case for trial if needed. Self-representation in felony matters is especially risky.
How does the criminal justice process work for identity theft in New York?
The process begins with an arrest or a desk-appearance ticket, followed by an arraignment where the defendant is formally advised of the charges and bail or release conditions are set. Misdemeanor cases proceed in the local criminal court; felony cases begin in the local court but are eventually transferred to the superior court (e.g., County Court or Supreme Court) for indictment and trial. The defense and prosecution may engage in plea negotiations, file motions, and exchange evidence before trial. The timeline varies by court calendar and case complexity.
Can identity theft charges be dismissed?
Yes, identity theft charges can be dismissed if the prosecution lacks sufficient evidence, if law enforcement violated the defendant’s constitutional rights, or if there are grounds for a motion to dismiss. Examples include a lack of probable cause for an arrest, an unconstitutional search, or a failure to prove that the defendant knowingly used another person’s identity. A skilled defense attorney will evaluate the case for such weaknesses and, if they exist, bring them to the court’s attention.
What should I do if I am arrested for identity theft?
If you are arrested, exercise your right to remain silent and ask to speak with an attorney. Provide basic identifying information, but do not answer questions about the allegations, do not consent to any searches, and do not discuss the facts with anyone other than your lawyer. Contact an attorney as soon as possible so that critical evidence can be preserved and your rights protected from the first court appearance onward.
How do I find an identity theft lawyer near me?
You can search for a qualified identity theft lawyer by asking for referrals, checking online attorney directories, or contacting a law firm that practices criminal defense in your area. When evaluating a firm, consider its experience with criminal cases, familiarity with the local courts, and whether it offers a consultation. Law Offices Of SRIS, P.C. represents clients across New York; to discuss your situation, call (888) 437-7747 and request a consultation.
For additional information, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
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Official resources: New York State Unified Court System | New York State Legislation
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