Identity Theft Lawyer Queens, NY

Your credit card statement showed a charge you never made. A collection notice arrived for an account you never opened. When you contacted the creditor, they had your name, your Social Security number, and an address in Jamaica or Flushing that is not yours. Someone used your identity to obtain credit, file a tax return, or rent an apartment. Now law enforcement is scrutinizing the trail, and you may be the person under investigation—or the victim whose name is being used without consent. An identity theft accusation in Queens County, whether it involves the New York Penal Law or federal statutes, demands you to contact us to request a consultation. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., concentrates his practice on defending individuals facing criminal charges in Queens, and he and his Of Counsel bring extensive combined legal experience to these matters. Results may vary. To request a consultation, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

When an Identity Theft Allegation Reaches the Queens Criminal Court

An arrest or investigation for identity theft in Queens County often involves multiple agencies—the NYPD, the Queens District Attorney’s Office, and, if federal, the U.S. Attorney’s Office for the Eastern District of New York. Cases filed under New York Penal Law are typically heard at the Queens County Criminal Court at 88-11 Sutphin Boulevard, Jamaica, NY 11435. Misdemeanor charges are prosecuted in the Criminal Court, while felony cases move to the Queens County Supreme Court, Criminal Term. Understanding the procedural path your case will follow is critical to building a defense strategy. Law Offices Of SRIS, P.C. Appears regularly in Queens courts, and Mr. Sris and his Of Counsel are familiar with the local practices and expectations of the bench and the District Attorney’s Office.

Strategy Options in an Identity Theft Defense

Identity theft charges often rest on digital forensic evidence and patterns of activity that can be challenged. Mr. Sris and his Of Counsel examine every aspect of the prosecution’s case: how information was allegedly obtained, whether it was used without authorization, and who had access to the devices or accounts involved. Defense strategies may include challenging the chain of custody of electronic evidence, demonstrating that the accused lacked the requisite intent to defraud, or establishing that the use of another’s identity was authorized or mistaken. In some instances, the focus shifts from guilt to mitigation—working to secure an Adjournment in Contemplation of Dismissal (ACD) for eligible first-offense cases, where charges are adjourned for a period of time and then automatically dismissed if the defendant stays out of further trouble. For clients who are actually victims of identity fraud but are wrongly accused, the defense may involve presenting exculpatory evidence to the prosecutor before an indictment is even handed down. Mr. Sris and his Of Counsel negotiate with the District Attorney’s Office to steer eligible cases toward diversion or reduction, always with the goal of protecting the client’s record and future.

What to Expect From Arraignment Through Resolution

After an arrest, you will be brought before a judge for arraignment, usually within twenty-four hours. At this hearing, the charges are read and bail is determined. Under New York’s 2020 bail reform, cash bail has been eliminated for most misdemeanors and non-violent felonies, meaning many defendants are released on their own recognizance. However, certain violent felony offenses and qualifying crimes may still carry bail. Your attorney can argue for release without bail or for reasonable conditions. Following arraignment, the discovery process begins. In identity theft cases, discovery often includes bank records, credit applications, IP addresses, and forensic computer reports. Mr. Sris and his Of Counsel review these materials meticulously to identify weaknesses in the prosecution’s chain of proof. If the case is not resolved through a plea or dismissal, it proceeds to trial. Trials in Queens County Supreme Court are before a jury; in Criminal Court, they are bench trials unless a jury is requested. The timeline for a felony case can be lengthy—likely months to more than a year—depending on the complexity of the evidence and the court’s calendar. Throughout, you will be kept informed of each development and your input will guide major decisions.

Penalty Overview — Identity Theft Under New York Law

New York Penal Law classifies identity theft by degrees. The specific charge depends on the value of the property or services obtained and whether the offense involved multiple victims or prior convictions. Penalties can range from a Class A misdemeanor (up to one year in jail) for lower-value offenses to a Class D felony (up to seven years in prison) for more serious conduct. Federal identity theft charges, prosecuted in the U.S. District Court for the Eastern District of New York, carry even steeper consequences, including mandatory minimum sentences and no parole. A conviction can also result in restitution orders, damage to employment prospects, and immigration consequences for non-citizens. Because the stakes are so high, early intervention by an experienced defense lawyer is essential. Mr. Sris and his Of Counsel evaluate the charges and work to minimize the potential penalties at every stage.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced criminal defense since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. A former prosecutor, Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His experience on both sides of the courtroom informs his defense strategy. He keeps his personal caseload small to ensure deep involvement in each matter. Working alongside Mr. Sris is his Of Counsel team—experienced attorneys who assist in case preparation, motion practice, and trial advocacy. Together, they bring extensive combined legal experience to identity theft defense in Queens. Results may vary.

Frequently Asked Questions

What is identity theft under New York law?

Identity theft in New York is the unauthorized use of another person’s personal identifying information—such as name, Social Security number, or credit card data—with intent to commit a fraud or other crime. The New York Penal Law divides the offense into several degrees based on the value of the benefit obtained or the harm caused. A first-time, low-dollar offense may be a misdemeanor, while higher-value theft or schemes involving multiple victims can result in felony charges. The law also covers the possession of identifying information with the intent to use it unlawfully. Because the charges are fact-specific, having an attorney review the evidence early is important.

Do I need a lawyer if I am accused of identity theft in Queens?

Yes, you should speak with a criminal defense lawyer immediately after learning of an identity theft accusation. Even if you believe the accusation is a misunderstanding, statements you make to law enforcement can be used against you. An attorney can communicate on your behalf, protect your rights, and begin investigating the source of the allegations. Early representation can also influence whether charges are filed or reduced. Mr. Sris and his Of Counsel can advise you on an appropriate approach for your specific situation.

Can identity theft charges be dismissed in Queens County?

Yes, identity theft charges can be dismissed, but dismissal is never automatic. If the prosecution cannot prove each element of the offense beyond a reasonable doubt, the charges may be dropped. In some cases, an ACD (Adjournment in Contemplation of Dismissal) is available for eligible first-offense situations; if the defendant stays out of trouble for a set period, the charges are dismissed and the record can be sealed. Mr. Sris and his Of Counsel work to identify weaknesses in the prosecution’s case and negotiate with the District Attorney’s Office to seek the most favorable outcome possible. Every case is unique, and Results may vary.

What are the penalties for identity theft in New York?

Penalties for identity theft in New York vary by the degree of the offense. Identity theft in the third degree (a Class A misdemeanor) can carry up to one year in jail. Identity theft in the second degree (a Class E felony) can result in one to four years in prison. Identity theft in the first degree (a Class D felony) carries up to seven years. Federal charges carry even longer prison terms with no parole. In addition to incarceration, fines and restitution may be imposed. A conviction can also affect employment and professional licensing. Because the range is broad, it is crucial to have an attorney argue for the lowest possible penalty under the facts of your case.

How does bail work for identity theft in Queens?

Under New York’s 2020 bail reform, many identity theft defendants are released without cash bail. Cash bail has been eliminated for most misdemeanors and non-violent felonies, meaning a judge typically releases the accused on their own recognizance or with non-monetary conditions like reporting to a pretrial services agency. For certain violent felony charges or qualifying offenses, bail may still be set. At arraignment, your attorney can argue for release without bail or for the least restrictive conditions possible. Mr. Sris and his Of Counsel are familiar with the bail practices in Queens County Criminal Court and Supreme Court and can advocate effectively for your pretrial release.

What should I do if I am the victim of identity theft but am being accused?

If you are a victim of identity theft and are wrongfully accused, you should immediately gather evidence of the fraud and contact a criminal defense lawyer. Do not speak with police or investigators without legal counsel. An attorney can present exculpatory evidence to the prosecutor—such as police reports you filed, documentation that you were not the one who opened the accounts, or proof that your own identity was stolen—to persuade them to drop the charges before an indictment or trial. Mr. Sris and his Of Counsel have experience handling cases where the accused is actually the victim, and they work to clear your name and protect your record.

How can I reach a Queens identity theft lawyer for a consultation?

To request a consultation regarding an identity theft matter in Queens, call Law Offices Of SRIS, P.C. at (888) 437-7747. Mr. Sris and his Of Counsel team will review the facts of your case, explain the potential legal strategies, and discuss how they can assist. Consultations are by appointment. The firm’s phones are answered twenty-four hours a day, seven days a week. When you call, a member of the team will gather preliminary information and arrange a time for you to speak with Mr. Sris or one of his Of Counsel. All communications are confidential.

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