Miami Possession of Personal Identification Information Attorney

One of the most common crimes associated with identity theft is Possession of Personal Identification Information.  The crime refers to an individual intentionally or knowingly, and without authorization, possessing personal identification information of another person.

“Personal identification information” means an individual’s social security number, official state-issued or United States-issued driver’s license or identification number, alien registration number, government passport number, employer or taxpayer identification, Medicaid or food assistance account number, bank account number, credit or debit card number, and medical records. 

Most charges involving Possession of Personal Identification Information are felonies and the degree generally depends on the amount of information possessed and the amount of loss in the fraud. Possession of Personal Identification Information can also have serious immigration consequences if the defendant is not a U.S. citizen. 

Attorney for Possession of Personal Identification Information in Miami, FL

If you were arrested for any type of fraud crime like Possession of Person Identification Information, it is important you contact a seasoned criminal defense attorney. Attorney E.J. Hubbs is a former prosecutor with significant experience in the courtroom.  E.J. is also board certified in criminal trial law, an honor held by less than 1% of attorneys in the entire state of Florida. 

Hubbs Law handles all types of fraud crimes, including Possession of Person Identification Information, in Miami, FL and throughout Miami-Dade County, including Doral, Miami Beach, Brickell, Miami Shores, South Miami, Pinecrest, Kendall, Palmetto Bay, Cutler Bay, Homestead, Hialeah, and anywhere else in the area.

Call 305-570-4802 today to schedule your consultation.

Elements of Possession of Personal Identification Information

Under Florida Statue 817.568, the State is generally required to the following elements beyond a reasonable doubt to prove the crime of Possession of Person Identification Information:

1. The Defendant willfully and without authorization fraudulently used or possessed with intent to fraudulently use personal identification information of the victim; and
2. The Defendant did so without first obtaining the consent of the victim.

“Personal identification information” means any name or number that may be used, alone or in conjunction with any other information, to identify a specific person, including any:

1. Name, postal or electronic mail address, telephone number, social security number, date of birth, mother’s maiden name, official state-issued or United States-issued driver’s license or identification number, alien registration number, government passport number, employer or taxpayer identification, Medicaid or food assistance account number, bank account number, credit or debit card number, or personal identification number or code assigned to the holder of a debit card by the issuer to permit authorized electronic use of such card;
2. Unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation;
3. Unique electronic identification number, address, or routing code;
4. Medical records;
5. Telecommunication identifying information or access device; or
6. Other number or information that can be used to access a person’s financial resources. 

Penalties for Possession of Personal Identification Information

The penalties for a conviction of Possession of Personal Identification Information can vary tremendously depending on the facts of the case, the amount personal identification information, and the amount involved in the fraud. 

1. The minimum exposure for Possession of Personal Identification Information is a 3^rd degree felony and punishable by a maximum sentence of 5 years prison and a $5,000 fine. 
2. If the value of the pecuniary benefit, value of services received, or payment sought to be avoided is $5,000 or more, the offense is a 2^nd degree felony and punishable by a minimum mandatory sentence of 3 years in prison and a maximum sentence of 15 years prison and a $10,000 fine. 
3. If the defendant fraudulently used the personal identification information of 10 or more persons, but fewer than 20 persons, the offense is a 2^nd degree felony and punishable by a minimum mandatory sentence of 3 years in prison and a maximum sentence of 15 years prison and a $10,000 fine. 
4. If the value of the pecuniary benefit, value of services received, or payment sought to be avoided is $50,000 or more, the offense is a 1st degree felony and punishable by a minimum mandatory sentence of 5 years in prison and a maximum sentence of 30 years prison and a $10,000 fine. 
5. If the defendant fraudulently used the personal identification information of 20 or more persons, but fewer than 30 persons, the offense is a 1^st degree felony and punishable by a minimum mandatory sentence of 5 years in prison and a maximum sentence of 30 years prison and a $10,000 fine. 
6. If the value of the pecuniary benefit, value of services received, or payment sought to be avoided is $100,000 or more, the offense is a 1st degree felony and punishable by a minimum mandatory sentence of 10 years in prison and a maximum sentence of 30 years prison and a $10,000 fine. 
7. If the defendant fraudulently used the personal identification information of 30 or more persons, the offense is a 1^st degree felony and punishable by a minimum mandatory sentence of 10 years in prison and a maximum sentence of 30 years prison and a $10,000 fine. 

In addition to criminal penalties, if the possession of personal identification information charge involved a loss in the amount of $10,000 or more, the charge would be considered an aggravated felony for immigration purposes and would result in the individual’s removal from the United States. 

Defenses to Possession of Personal Identification Information

If you are charged with Possession of Personal Identification Information, you may have legal defenses in your case.  However, any potential defense should be carefully analyzed by a skilled defense attorney:

1. Constructive Possession – The State of Florida is required to prove that you possessed the personal identification information.  This requires the State to prove that you had knowledge and the ability to exercise control over the information.  In constructive possession cases, it can be very difficult for the State to prove the elements of the crime.  For example, if law enforcement finds numerous drivers licenses and credit cards in the center console of a vehicle that was occupied by four people, it may be difficult for the State to prove that any of the occupants had knowledge of the contraband. 
2. Lack of Intent – In possession cases, the State is required to prove that the Defendant possessed “with the intent to fraudulently use” personal identification information.  Therefore, if the defendant did not intend to use information for fraudulent purposes, then there could be a defense to the crime.  For example, a relative, close friend, or romantic interest might have a defense that they were in possession of an individual’s  identification but did not intend to use it fraudulently. 
3. Consent – In every Possession of Personal Identification Information case, the State must prove that the identification was possessed or used without authorization or permission of the victim.  If you, or your family member, had consent to possess or use the information, then you might have a defense to the crime. 

Additional Resources

Federal Bureau of Investigations (FBI)  - The FBI is the leading federal law enforcement agency and has sought out victims of identity theft involving stolen personal identification information since September 2018.  Click the link to submit a complaint and start an investigation immediately.   

Department of Justice (DOJ) - The DOJ prosecutes individuals charged with crimes associated with possession of personal identification information at the federal level.  Click the link to read more about that process and to learn what steps you should take if your identity is stolen. 

Florida Office of the Attorney General - The Attorney General’s office is tasked with handling identity theft at the state appellate level.  Find information regarding what immediate steps a Florida resident should take if their personal identification information is stolen.  

Florida Department of Safety and Motor Vehicles - The Florida Department of Safety and Motor Vehicles issues driver’s licenses in the state of Florida.  Find information on how to report a stolen identity and how to obtain a new driver’s license if your license was stolen.

Source for Free Credit Report - Visit this site to receive a free credit report if your personal identification information has been stolen. 

Find an Attorney for Possession of Personal Identification Information in Miami, FL

If you were charged with Possession of Personal Identification Information, you need an experience criminal defense attorney to thoroughly analyze your case.  At Hubbs Law, our seasoned criminal defense attorney, E.J. Hubbs, will meet with you, evaluate your case, and discuss all potential legal options. 

Hubbs Law defends clients charged with all types of Fraud, including Possession of Personal Identification Information, in Miami, FL and throughout Miami-Dade County, including North Miami, South Miami, Doral, North Miami, Kendall, Palmetto Bay, Cutler Bay, Homestead, Pinecrest, and anywhere else in the area.

Call today to schedule your consultation at 305-570-4802.