Chicago is a city built on commerce, banking, and trade. From the Loop’s financial district to neighborhood banks and retail stores, the use of personal identity information is constant. With so much digital and physical data in circulation, Illinois has criminalized the unlawful possession of another person’s identity information under 720 ILCS 5/16G-15.
This law makes it a crime to knowingly possess another’s personal identifying information without permission when there is intent to commit fraud. Identifying information may include a Social Security number, bank account number, driver’s license, state ID, passport, or credit card information.
The seriousness of charges depends on the scope of the alleged possession and whether prosecutors can prove intent. If someone is found with a single document and no evidence of fraud, prosecutors may file misdemeanor charges. But when multiple documents are found, or if evidence shows fraud, felony charges almost always follow.
Illinois law is harsh because the legislature views identity crimes as threats to financial security. That is why convictions carry not only potential prison time but also life-changing collateral consequences.
How Criminal Investigations Start in Chicago
Identity information cases usually begin with a complaint or financial review. For example, a bank may detect unusual activity across multiple accounts. A retailer may discover fraudulent use of store credit. Or an individual may report unauthorized withdrawals.
The Chicago Police Department’s financial crimes units often take the lead in these investigations. In more complex cases, federal agencies may also get involved. Investigations usually include subpoenaing bank records, analyzing transaction data, and conducting surveillance.
Digital forensics teams may seize and analyze laptops, tablets, and smartphones. Investigators search for files containing names, numbers, and account information. They also review text messages and emails for evidence of intent to use the information.
The process is often lengthy, meaning by the time an arrest occurs, the government believes it has compiled strong evidence. This underscores the importance of hiring a defense lawyer early, even before charges are filed.
Arrest and Charging Process in Illinois
Once law enforcement believes they have sufficient evidence, they may execute a search warrant or arrest warrant. In Chicago, defendants are booked at a local police station before appearing at bond court in Cook County.
At bond court, prosecutors present charges, and the judge determines whether the accused will be held in custody or released on bond. The seriousness of the charges, prior criminal history, and risk of flight all influence the judge’s decision.
Illinois categorizes possession of identity information charges as follows:
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Class A misdemeanor: Up to one year in jail and a $2,500 fine.
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Class 4 felony: One to three years in prison, fines up to $25,000.
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Class 3 felony: Two to five years in prison.
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Class 2 felony: Three to seven years in prison.
Defendants with no prior record may be eligible for probation or conditional discharge. But the stigma of a felony conviction still carries permanent consequences.
Example Case and Defense Strategy
Consider a case from the Albany Park neighborhood where police claim they found multiple credit card numbers written on paper during a search of an apartment. Prosecutors argue the tenant intended to commit fraud.
A defense attorney might first challenge the search itself. If the warrant lacked probable cause or police exceeded the scope, the evidence could be excluded. Even if admitted, the defense could argue that the numbers belonged to the tenant’s own accounts or were stored for lawful reasons.
If the government cannot prove that the information belonged to others or that the tenant intended to use it for fraud, reasonable doubt exists. In such a case, a dismissal or acquittal becomes a strong possibility.
Evidence Gathered in These Cases
Prosecutors and police typically rely on:
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Physical items such as credit cards, IDs, or account statements
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Digital files on computers, phones, and cloud accounts
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Bank records showing attempted use
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Surveillance video from ATMs or stores
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Testimony from alleged victims or cooperating witnesses
The role of the defense is to scrutinize how this evidence was collected, whether it was lawfully obtained, and whether it truly establishes possession and intent.
Why Defendants Need a Defense Lawyer
Without a defense lawyer, defendants risk making statements that can be used against them. They also miss opportunities to challenge evidence or negotiate lesser charges.
A defense lawyer protects constitutional rights, identifies weaknesses in the prosecution’s case, and ensures the defendant is treated fairly. In some cases, an attorney can secure dismissal, negotiate probation, or prevent felony convictions.
Potential Defenses
Defenses vary but may include:
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Lack of knowledge of the identity information
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Lack of intent to commit fraud
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Authorization to possess the information
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Mistaken identity
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Entrapment
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Unlawful search and seizure
A skilled lawyer tailors the defense to the facts, ensuring prosecutors are held to their high burden of proof.
Chicago Identity Crime FAQs
What Illinois law applies to possession of another’s identity information?
Illinois law 720 ILCS 5/16G-15 prohibits knowingly possessing another’s identifying information with the intent to defraud.
Is possession always a felony in Illinois?
No. Limited possession without evidence of fraud may be charged as a misdemeanor. But most cases in Chicago are filed as felonies due to the potential for fraud.
What penalties apply for felony convictions?
Class 4 felony: one to three years in prison. Class 3 felony: two to five years. Class 2 felony: three to seven years. Fines up to $25,000 may also apply.
Can charges be reduced or dismissed?
Yes. If evidence is suppressed due to unlawful search or if prosecutors cannot prove intent, charges can be reduced or dismissed.
How do convictions affect employment?
Employers often reject applicants with identity-related convictions, especially in financial, healthcare, or government jobs.
Can first-time offenders avoid jail?
Yes. Judges may impose probation or diversion for first-time offenders. An attorney can advocate for these alternatives.
Can non-citizens face immigration issues?
Yes. Convictions can result in deportation or denial of naturalization.
What defenses are most common?
Illegal search and seizure, lack of knowledge, and lack of intent are frequent defenses.
Why hire The Law Offices of David L. Freidberg?
Because of decades of defense experience, proven results in Cook County, and 24/7 availability.
Why Choose The Law Offices of David L. Freidberg
Possession of another’s identity information is not a charge anyone should face alone. My firm has decades of courtroom experience, deep knowledge of Illinois law, and a record of success. We fight aggressively for every client in Chicago and throughout Cook County, DuPage County, Will County, and Lake County.
When You Need a Fighter, Call Us!
If you were arrested in Chicago, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling criminal, DUI, and traffic cases in Illinois. Our firm is available 24/7 to provide the legal defense you deserve.
Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to serve clients throughout Illinois, Cook County, DuPage County, Will County, and Lake County.