Identity Theft
Being charged with identity theft can bring severe penalties and fines. Seek representation from the Birmingham identity theft attorney at Joe Ingram Law LLC.
Birmingham Identity Theft Attorney
Helping You Overcome Serious Charges
Identity theft cases have become more common now that most Americans carry debit and credit cards. A waiter or convenience store clerk may swipe a credit or debit card through a magnetic card reader or “skimmer” to capture the account number and name of the cardholder. It is not unusual for stolen credit card information to be obtained by someone in one state, mailed to someone in another state, and then sold overseas.
What are the Penalties for Identity Theft?
If you have been charged with identity theft, you may have taken part in any one of these transactions – or you may be wrongfully targeted. Whatever the case, you are facing serious consequences because your case is charged in federal court.
Possible penalties associated with identity theft include:
- Probation
- Incarceration
- Restitution
- Fines
Turn to our experienced identity theft lawyer in Birmingham. We have successfully tried multiple identity theft cases in federal court and remain committed to protecting the rights of people accused of this crime in Alabama state or federal courts. Before you make any statements to a law enforcement officer, consult with our team, and allow us to assess your situation.
What is Aggravated Identity Theft?
The federal penalties for identity theft are serious. Since being signed into law, the Identity Theft Penalty Enhancement Act of 2004 has increased penalties for identity theft and defined a new crime called “aggravated identity theft.”
When you think of identity theft, it is a situation where someone steals identification documents and uses them to steal money, empty a bank account, or commit fraud. Aggravated identity theft is when someone “knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person” while committing another felony. The felony can be any of a long list, which includes embezzlement, fraud, lying in order to acquire a firearm, obtaining customer information under false pretenses, and even immigration offenses.
The crimes are quite similar in definition and most people charged with aggravated identity theft are also facing lesser charges of identity theft. Why? A conviction for aggravated identity theft adds two years to the end of your sentence.
Strategies for a Successful Identity Theft Defense
The U.S. Supreme Court has recently ruled that, in order to obtain an identity theft conviction, prosecutors must prove that the defendant intended to steal another person’s identity. This is not always easy to prove.
Joe Ingram Law, LLC will see to it that the government is required to prove every element of its case beyond a reasonable doubt. At each step, we look for ways to protect your rights, strengthen your defense, and weaken the government’s case. Without detailed evidence, intent can be quite difficult to prove. When it comes to evidence discovered by the government via computer, there may be many legal issues available to your defense.
At Joe Ingram Law, LLC, we do not back down, even when the facts of the case seem overwhelming and the federal government seems unbeatable. Our Birmingham identity theft attorney has a successful track record of representing individuals charged with this serious crime.
David Eugene Files and the Interplay of Ethics and Jurisdiction
In a case that made its way to the highest level of the state court system, the Alabama Supreme Court recently presided over an appeal beginning in Walker County. This case, Ex parte David Eugene Files, centers around a Rule 32 petition for postconviction relief. Files’ petition was dismissed by the Walker circuit court, with the dismissal being affirmed by the Alabama Court of Criminal Appeals.
read articles
Sufficiency of Evidence: Reviewing the Admissibility and Application of Evidence Through US v. Mapson
In a decision that affirms the admissibility and sufficiency of several distinct types of evidence, the U.S. Court of Appeals for the Eleventh Circuit recently presided over an appeal that found its roots in the U.S. District Court for the Northern District of Alabama.
read articles
Are Courts Always Free to Divide Property in a Divorce?
How courts divide real property in a divorce. Learn more from Ingram Law, LLC.
read articles
Till Death Do Us Part: Marital Property Division on Behalf of an Estate
In a case that demonstrates the limits of alimony awards, the Alabama Court of Civil Appeals recently heard the case of Larry Shearry v. Christy Spivey, as personal representative of the Estate of Charlotte Shearry.
read articles
Fultondale Alabama Municipal Courts: Charges, Penalties, and Why You Should Seek an Attorney
You are driving home late between the hours of 10:00 p.m. and 3:00 a.m. You get pulled over because the police officer states you are driving over the line, driving too slow, have a head light out or you have a taillight out.
read articles
The Crime of Stalking in Alabama
Another category of criminal offense in Alabama is stalking. Covered by Article 5, stalking includes offenses for stalking in the first and second degree, aggravated stalking in the first and second degree, and electronic stalking in the first and second degree.
read articles
Navigating the Division of Marital Property: Lessons from Barbara Brown v. Ernest Brown
In a case that demonstrates the intricacies of equitable division of marital property, the Alabama Court of Civil Appeals recently presided over an appeal from the Jefferson Circuit Court in Jefferson County. The case of Barbara Brown v. Ernest Brown illustrates the importance of maintaining a clear record on appeal and emphasizes the necessity of full disclosure when dividing marital assets.
read articles
Navigating Legal Challenges; Brett Yeiter’s Fight Against a Death Sentence
In a case illustrating the tumultuous and complicated proceedings for challenging a death sentence, the Alabama Court of Criminal Appeals recently heard the appeal of Brett Richard Yeiter v. State of Alabama, stemming from Escambia County. Yeiter’s case underscores the critical need to adhere to procedural requirements, especially in cases involving severe sentences.
read articlesTrademark Infringement: Causes of Action Under the Lanham Act
Federal trademark law is primarily governed by the Lanham Trademark Act, also referred to as the Trademark Act of 1946. The Lanham Act, codified in 15 U.S.C. §§1051 to 1127, covers a wide range of trademark issues including registration, maintenance, protection, and the creation of a federal cause of action for trademark infringement.
read articles
Navigating the Complexities of Marital Property Division: Catherine S. Cauthen v. Carey Lee Cauthen, Jr.
In a case that highlights the complex issues of marital property division during divorce proceedings, the Alabama Court of Civil Appeals recently heard the appeal of Catherine S. Cauthen v. Carey Lee Cauthen, Jr. Arising from Baldwin County, this case addresses the appeals of both the husband and the wife, demonstrating the intricate nature of property classification and division through six main points of contention. If you need a Divorce Lawyer, Please contact us about your case.
read articles
The Battle for Exoneration: Charles McCrory and the Fight Against Outdated Scientific Evidence
In a case that highlights broader systemic issues in the American justice system, the United States Supreme Court recently declined to review a controversial Alabama murder conviction. At this stage, the case of McCrory v. Alabama has been tumultuous for a man who continues to maintain his innocence. The increasing public attention directed towards the challenges defendants face when seeking exonerations is creating legislative pressure for reform, offering hope for a more just future.
read articlesPretrial Matters in Federal Court: How to Make Bond, Detention Hearings, and other Pretrial Functions
18 U.S.C. §3154 describes the functions and powers relating to pretrial services. The statute includes 14 particular functions, and a broader clause allowing the performance of any other functions specified under the chapter.
read articlesThe Interplay Between Lesser-Included Offenses and Double Jeopardy: The Case of R.E.F. v. State of Alabama
In a case that provides important clarification about double jeopardy when certain charges were reduced to their lesser-included offenses, the Alabama Court of Criminal Appeals recently presided over the appeal of R.E.F. v. State of Alabama.
read articles
The Time Limit of Jurisdiction: Insights from Ex Parte State of Alabama
In a case that clarifies the bounds of jurisdiction for mandamus petitions, the Alabama Court of Appeals recently heard an appeal arising from Mobile County. This case, Ex Parte State of Alabama, explores trial court jurisdiction time limits without a stay, defining when new judgments can be issued, and orders enforced.
read articles
The Child’s Best Interest: The Two-Prong Test for Parental Termination
In a case that illustrates the high bar for terminating parental rights in child custody matters, the Alabama Court of Civil Appeals recently presided over an appeal arising from Baldwin County. This case, W.C.M. v. M.P., addresses a mother’s efforts to terminate the father’s parental rights, highlighting the complex and sensitive nature of proceedings seeking extreme legal remedies.
read articles
180 Years: Analyzing the Appeal of Travis Eugene Wolfe
In a case addressing multiple facets of criminal procedure, the Alabama Court of Criminal Appeals recently presided over an appeal from DeKalb County. This case, Travis Eugene Wolfe v. State of Alabama, demonstrates the breadth of trial court discretion when compounding consecutive sentences, while exploring the procedural and evidentiary requirements forming the basis for Wolfe’s conviction.
read articles
Drug Crimes in Alabama Both State and Federal Charges
In Alabama, drugs are everywhere, both recreational and illegal. Drug charges carry significant jail time for distribution and trafficking, Alabama also criminalizes a wide array of drug offenses. Drug possession and sale offenses are covered by §13A-12-210 to §13A-12-219 of the Alabama Code.
read articles
Evidence of Prejudice: Joseph Michael Wilson and the Importance of Supporting Both Prongs of the Strickland Test
In a case highlighting the extensive requirements to succeed under a Rule 32 petition, the Alabama Court of Criminal Appeals recently presided over an appeal arising from Madison County. This case, Joseph Michael Wilson v. State of Alabama, illustrates the high evidentiary bar that criminal defendants must meet when alleging prejudice arising from ineffective assistance of counsel, demonstrating the high level of deference courts give to attorneys when determining trial strategy.
read articlesMens Rea: The Importance of Proving Intent In a Criminal Case
If you have a Federal Criminal case, a State Criminal case, a Municipal Case or a Family Law case, contact Joe Ingram or Ingram Law LLC at 205-335-2640.
read articlesRape And Sex Crimes in Alabama
Alabama law criminalizes a variety of sexual offenses, the most severe charges being for rape and sodomy. Charges for rape and sodomy in Alabama are classified based on the degree of the offense. Rape in the first degree and sodomy in the first degree, governed by §13A-6-61 and §13A-6-63 respectively, are both classified as Class A felonies.
read articlesFraud In a Divorce: Ex parte Gage Bruce Roberts
In a case that clarifies the court’s power to address acts of fraud, the Alabama Court of Civil Appeals recently presided over an appeal originating in Mobile County. This case, Ex parte Gage Bruce Roberts, addresses fraud in the context of a divorce judgment, emphasizing the court’s authority to handle such scenarios.
read articlesConstitutional Standing and Proof of Intent: The Case of Johnnie Leeanozg DavisConstitutional Standing and Proof of Intent: The Case of Johnnie Leeanozg Davis
In a case that clarifies several principles of criminal procedure, the Eleventh Circuit Court of Appeals recently presided over an appeal arising from the United States District Court for the Middle District of Alabama.
read articles
Double Jeopardy in a Single Trial: The Case of Altonio Spencer
In a case that illustrates the interplay of Alabama’s sentencing laws, the Alabama Court of Criminal Appeals recently heard an appeal originating in Mobile County. This case, Altonio Spencer v. State of Alabama, explores the proper application of the Habitual Felony Offenders Act and clarifies the Double Jeopardy Clause’s applicability when one conviction is included within another.
read articlesFederal Sex Crimes: Offenses, Penalties, and SORNA
18 U.S.C. Pt I, Ch. 109A covers federal sexual abuse crimes. Sexual abuse, codified in §2242, criminalizes three types of conduct. First, the section criminalizes using threats or fear to coerce another person to engage in a sexual act.
read articles
Definitions: Exploring the Effect of Statutory Language on Protection Orders
In a case that dives into evidentiary standards and proper applications of the law, a case arising from Lee County recently made its way to the Alabama Court of Civil Appeals. In the case of P.T.S. III v. S.S., the Court reviewed an elder-abuse protection order, clarifying evidentiary requirements and addressing the relevance and applicability of the Elder Abuse Protection Order and Enforcement Act.
read articlesSex Crimes And Computer Crimes in Alabama
Sexual Offenses are also recognized based on their relationship to technology. §13A-6-111 criminalizes transmitting obscene materials to a child by computer, classifying the crime as a Class B felony.
read articlesConcurrent Split Sentences: Interpreting Sentencing Guidelines in Alabama Criminal Cases
In a case that clarifies the permissibility of concurrent split sentences, the Supreme Court of Alabama recently presided over the case of Ex parte Courtney Rayshun Elston.
read articles
Revocation Procedure: The Delicate Relationship Between Criminal Procedure and Due Process
The Alabama Court of Criminal Appeals recently presided over an appeal from Marion County, affirming the enduring significance of procedural rights in revocation proceedings. This case, Brandon Colby Hayes v. State of Alabama, clarifies the procedural necessity of a formal revocation hearing for community-corrections placements, thereby extending the policy for probation revocation in this area.
read articlesTHCA: The Unaddressed Cannabinoid in Federal Hemp Legislation
Six years ago, the Hemp Farming Act of 2018 went into effect as federal law, legalizing certain marijuana derivatives as “hemp.”
read articles
FaceTime Testimony: The Procedural Limits of Audiovisual Technology
In a case exploring the procedural side of child custody, the Alabama Court of Civil Appeals recently presided over an appeal that began in the Cullman Juvenile Court in Cullman County. The case of T.S. v. Cullman County Department of Human Resources and D.W. delves into the admissibility of remote testimony under relevant Alabama law, which permits such testimony only under specific compelling circumstances.
read articlesMurder, Manslaughter And Criminally Negligent Homicide in Alabama
In Alabama, there are three major criminal charges associated with homicide. The first and most severe is murder, governed by §13A-6-2 of the Alabama Code. Unlike some other jurisdictions, Alabama does not recognize varying degrees of murder.
read articles
Calls for Reform: Background Checks in the Case of Chrisopher Bauer
Alabama law enforcement is facing calls for reform in their hiring process. The public response was inspired when FBI agent Christopher Bauer was convicted last month for sexually assaulting a minor while employed as a state trooper. Bauer’s sentencing, potentially facing life imprisonment, is set for the beginning of August. Bauer began working for the Alabama Law Enforcement Agency in 2019, after state police conducted “a full and thorough” background check. However, Bauer had been fired from the FBI in New Orlean’s the previous year due to allegations of sexual assault, harassment, and several other policy violations, with his victims providing harrowing testimony detailing the encounters. In spite of this record, Bauer was still able to gain employment with the Alabama state police, raising questions about the system of background checks and inter-agency communication practices currently in place.
read articlesDefinition of Domestic Violence
Domestic violence is a pervasive issue that manifests in various forms, affecting individuals regardless of age, gender, or socioeconomic status.
read articles
Demystifying the Burden of Proof: Lessons from Duarel Kelly’s Probation Revocation
In a case emphasizing the importance of meeting the evidentiary burden in all criminal proceedings, the Alabama Court of Criminal appeals recently heard the appeal of Daurel Eugene Kelly v. State of Alabama, arising from Baldwin County. Kelly’s appeal underscores the high standard of proof required in probation revocation hearings, following the same principles as other criminal proceedings.
read articles
Domestic Violence Charges in Alabama
The Alabama Code also criminalizes specific violent offenses within the home and family. Alabama recognizes three degrees of domestic violence, criminalizing actions against current and former spouses, relatives, household members, and former and current romantic partners, with all three degrees covering different crimes against this same group.
read articles
Reversable Error: The Balance Between Prejudicial Evidence and Defendant’s Rights
In a case illustrating the importance of remedies for errors causing significant prejudice against a criminal defendant, the Alabama Court of Criminal Appeals recently presided over an appeal originating from the heart of Montgomery County. This case, D.M.G. v. State of Alabama, explores the impact of an extraneous document on a criminal defendant’s trial, ultimately resulting in the grant of a new trial.
read articlesPrevious Convictions Can Be Used Against You
A previous conviction may be used when you testify in a criminal trial. Learn more from Ingram Law, LLC.
read articles
Safeguarding Rights: The Role of Evidentiary Rules in the Case of Toney R. Harvell
In a case that highlights the importance of evidentiary rules at trial, the Alabama Court of Criminal Appeals recently presided over an appeal arising from Madison County. This case, Toney R. Harvell v. City of Huntsville, explores Rule 404(b) of the Alabama Rules of Evidence, illustrating how evidentiary rules can serve as safeguards for defendants’ rights.
read articlesThe Crime of Kidnapping in Alabama
Kidnapping is only classified in Alabama using two degrees. The less severe offense, kidnapping in the second degree, is a Class B felony governed by §13A-6-44.
read articles
Human Trafficking and Elder Abuse Crimes in Alabama
Human trafficking is also heavily addressed within the Alabama Code. Human trafficking in the second degree under §13A-6-153 is classified as a Class B felony, punishable by 2-20 years’ imprisonment. The offense requires an offender to knowingly benefit from participation in a venture for the purpose of servitude, or if an offender knowingly obtains control over another person for the purpose of servitude.
read articlesThe Case of Fred Plump: Alabama’s Battle Against Political Corruption Continues As Usual
In the conclusion of an intense and high-profile legal battle, former Alabama lawmaker Fred Plump was sentenced to one year and one day in prison, along with three years of supervised release and a $196,150.45 repayment of funds. The sentence reflects Plump’s involvement in a kickback scheme where public funds were diverted from their intended use for community service.
read articles
Rehabilitative vs. Periodic Alimony: The Necessary Findings
At the heart of Etowah County, a recent case made its way to the Alabama Court of Civil Appeals, emphasizing the importance of strictly adhering to statutory requirements in divorce proceedings. This case, Nathan Wayne Jones v. Martha Dale Jones, illustrates this concept by analyzing of the alimony award in a divorce judgment and outlining the proper guidelines for awarding periodic and rehabilitative alimony.
read articles
The Crimes of Burglary And Robbery in Alabama
Another major crime is burglary, categorized by varying degrees in Alabama. The most severe burglary charge is burglary in the first degree, governed by §13A-7-5. To commit an act of burglary in the first degree, the offender must knowingly and unlawfully enter or remain in a building with the intent to commit a felony, and must also be armed with explosives, cause physical injury to another, or either use or threaten to use a deadly weapon that the offender is armed with.
read articles
The Licensing, Legal Disputes, and Logistics of Alabama’s Medical Cannabis Industry
Over the last several years, cannabis use has been cemented as a hot-button political topic, with states across the country proposing and passing legislation to allow, limit, and regulate its use. Although most of the mainstream conversation is centered around the ethics and physical effects of marijuana use, the legalization of medical cannabis use has created a myriad of legal and administrative challenges hidden from the purview of public discussion. Behind the scenes of this intense debate, licensing battles are unfolding in Alabama’s court system, with the Alabama Medical Cannabis Commission finding itself at the heart of the controversy. As Alabama continues working to implement the necessary infrastructure to streamline the medical use of cannabis, these issues are increasingly coming to light, raising the question: how should the logistics be handled?
read articlesschedule a consultation
