Chicago Criminal Lawyer Blog
Chicago has always been a city of commerce. From downtown office towers to local businesses in neighborhoods like Pilsen, Bronzeville, and West Loop, millions of transactions occur every day. With so much personal and financial data being exchanged, it is no surprise that Illinois has strict laws on identity theft. The Illinois Identity Theft Statute, 720 ILCS 5/16G, makes it a crime to knowingly transfer, possess, or use another individual’s identifying information without authorization and with intent to commit fraud.
Identifying information can include Social Security numbers, bank account details, driver’s license numbers, or credit card information. The statute applies whether the transfer occurs electronically, by paper, or even verbally. What makes this charge so serious is that prosecutors in Cook County rarely file it as a minor misdemeanor. Most cases are elevated to felony charges, exposing defendants to prison sentences and large restitution orders.
Illinois law recognizes multiple levels of identity theft. A person charged with simply possessing another’s personal information without intent to use it might face a lower-level offense. But when prosecutors believe that information was transferred to another person for fraudulent purposes, the charges increase in severity. Class 3 felony charges often apply, punishable by two to five years in state prison. If aggravating factors exist—such as financial loss above certain amounts or targeting elderly victims—the charge may escalate to a Class 2 or Class 1 felony with even longer sentences.
What many people do not realize is that even small alleged acts can lead to felony charges. Something as simple as transferring a friend’s bank account number in an online chat can lead to criminal prosecution if the state claims there was fraudulent intent. That is why these cases require a careful review of the evidence and the intent element, which prosecutors must prove beyond a reasonable doubt.
The Investigation and Evidence in Chicago Identity Theft Cases
Cases of unlawful transfer of identity information in Chicago usually start with a tip or complaint. Financial institutions such as banks, credit card companies, or retailers often notice irregularities and report them. Sometimes individuals report suspicious activity on their accounts to the Chicago Police Department. Once a complaint is made, detectives begin building a case.
Evidence in these cases is often technical. Investigators rely heavily on digital forensics. They examine computers, smartphones, tablets, and even cloud accounts to find files containing personal data. Email communications, text messages, and encrypted chats may also become part of the case. In addition, police seize physical evidence like photocopied IDs, credit card applications, or handwritten lists of account numbers.
In some Chicago cases, undercover operations are used. An officer may pose as a buyer in an online forum, offering to purchase stolen information. If the defendant transfers data to the undercover officer, prosecutors claim this shows intent to commit fraud.
However, digital evidence can be unreliable. Files can be shared without the defendant’s knowledge, devices can be accessed by multiple people, and forensic tools sometimes misinterpret data. A skilled defense attorney examines whether the evidence truly shows that the accused knowingly transferred the information and whether there is proof of fraudulent intent.
Another crucial factor is how the evidence was obtained. Under both Illinois and federal law, searches and seizures must be lawful. If detectives obtained access to a device or online account without a valid warrant or consent, the evidence may be excluded at trial. This can drastically weaken the state’s case.
A Fictional Example: The Pilsen Case
Consider a fictional example set in Chicago’s Pilsen neighborhood. A small business owner notices unusual withdrawals from their company account and reports it to the bank. The bank’s fraud team traces the issue to an email account allegedly linked to a Pilsen resident. Chicago police obtain a search warrant and seize the resident’s laptop, which contains several spreadsheets with names, Social Security numbers, and account details. The individual is charged with multiple counts of transferring another’s identity information under 720 ILCS 5/16G.
Prosecutors argue that the presence of spreadsheets and an email exchange with another person proves the defendant transferred data for fraudulent use. The defense attorney, however, points out that the spreadsheets were shared by multiple roommates who used the same computer. The attorney also challenges the warrant, arguing it was overly broad and not supported by reliable probable cause.
At trial, the defense emphasizes that the state cannot prove beyond a reasonable doubt that the accused knowingly transferred the information with intent to defraud. The evidence shows access, but not intent. The jury finds the evidence insufficient, and the defendant avoids a felony conviction.
This fictional Pilsen case shows why intent is the cornerstone of identity theft charges in Chicago. Without proof of intent to commit fraud, prosecutors cannot meet their burden of proof.
Why Legal Representation Is Essential in Chicago
Facing felony charges in Cook County courts can be overwhelming. The process begins with an arrest and bond hearing, where a judge decides whether a defendant can be released pending trial. Without representation, defendants risk being held in custody for months.
As the case progresses, pretrial hearings address key issues. A defense attorney may file motions to suppress evidence, challenge the admissibility of digital forensics, or argue that the charges were improperly filed. These motions are critical because they can determine whether the state’s evidence will be heard by a jury.
During trial, prosecutors must prove guilt beyond a reasonable doubt. Defense attorneys cross-examine witnesses, highlight inconsistencies, and present alternative explanations. For instance, a defendant may argue they were unaware that personal data was stored on their device, or that someone else used their account.
The role of the defense attorney goes beyond the courtroom. In some cases, negotiation may result in reduced charges, probation, or diversion programs instead of prison. Attorneys also provide advice on collateral consequences, including how to address background checks, employment restrictions, and potential immigration impacts.
Without legal representation, defendants face the full force of the state’s resources, including law enforcement, prosecutors, and digital forensic experts. An experienced attorney levels the playing field, ensuring that rights are protected at every stage of the case.
Chicago Identity Theft Defense FAQs
What does “transfer of another’s identity information” mean in Illinois?
It refers to knowingly giving, selling, or passing along another person’s identifying information—such as Social Security numbers or bank account details—with the intent to commit fraud. Even if no money is lost, prosecutors may still pursue felony charges if intent is alleged.
Is this charge always a felony in Chicago?
Most cases are charged as felonies under 720 ILCS 5/16G. A Class 3 felony carries two to five years in prison, while aggravated cases can rise to Class 2 or Class 1 felonies with longer terms. Only very limited cases are prosecuted as misdemeanors.
What types of evidence do prosecutors use?
They rely on digital forensic evidence, bank records, applications, physical documents, and testimony from alleged victims. Undercover operations are also common in these cases.
What defenses are available?
Defenses include lack of intent, mistaken identity, illegal search and seizure, and insufficient evidence. A defense attorney may also show that multiple people had access to the same device or account.
What happens at a bond hearing in Cook County?
A judge decides whether the defendant can be released pending trial. A defense attorney can argue for lower bond or release on recognizance, ensuring the defendant can prepare for their defense outside custody.
Can these charges affect my future even if I avoid prison?
Yes. A conviction creates a permanent record that appears on background checks. It can affect employment, housing, and licensing. Even probation or conditional discharge still carries a criminal record.
Why is intent so important?
The statute requires proof that the accused knowingly transferred the information with intent to commit fraud. If the state cannot prove intent beyond a reasonable doubt, the case should fail.
How soon should I hire a defense attorney?
Immediately. Early intervention allows your attorney to challenge evidence, argue bond, and negotiate with prosecutors before trial. Waiting increases the risk of unfavorable outcomes.
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.
