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James O'Rourke - Identity theft  attorney Portland Oregon


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Law Offices of James F. O'Rourke Jr. and Associates

503-221-1425 - Portland Office

 

James F. O'Rourke Jr. and Associates duii defense attorneys
 

Identity Theft

Mr. O'Rourke is an experienced criminal defense and Identity Theft crime lawyer who will defend you against felony Identity Theft charges in the Portland, Gresham, Beaverton, Hillsboro, Oregon City metroplex area and throughout the state of Oregon.

In Multnomah County, Identity Theft crimes are prosecuted in Portland and misdemeanor theft crimes are prosecuted in Gresham and Portland. In Washington County Oregon , identity theft crimes cases are heard in Hillsboro, Oregon In Clackamas County, Identity Theft crimes cases are heard in Oregon City.

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Identity Theft

If you obtain, possess, transfer, create, utter or convert to your own use the personal identification of another person with the intent to deceive or defraud someone, like a store clerk or a bank teller, an ATM machine, an internet account, or a pharmacist you can be charged with Identity Theft in Oregon.

You can be charged separately for each separate act of Identity Theft. For example if you possess the personal identification of five different persons, you can be charged with five separate Identity Theft crimes.

The definition of personal identification includes written documents or electronic data that has information pertaining to: a person's name address and phone number; a person's driving privileges; a person's Social Security number; a person's checking or savings account number; a person's photograph, a person's date of birth; or a person's PIN number.

In order to convict you of Identity Theft, the State of Oregon must prove that (1) on or about a certain date, (2) in a certain county in Oregon, (3) you (4) obtained, possessed, transferred, created, uttered or converted to your own use, (5) the personal identification of another person, (6) with the intent to defraud or deceive.

The Story of Joe shows how some of the rules are applied.

Joe is addicted to prescription pain medication. Joe liked to get high and play computer games. He became addicted to prescription medications. Joe could not get any doctors to write more prescriptions for him to obtain more pain medication. Joe made his own prescriptions with his computer. He made the prescriptions out to the names of characters from his favorite computer games. Over a six month period he gave the prescriptions to pharmacies in three different counties and obtained drugs from all of them.

Finally, one of the pharmacists discovered that the prescription Joe had given to him was false and called the police. When Joe was arrested, he had over ten prescriptions using the personal identification of other persons, video game characters, in his possession. He admitted that he created the false prescriptions to use to get drugs from pharmacies.

After he was arrested, he was charged with Identity Theft in all three counties and he was charged for each prescription he gave to each pharmacy. In one county alone, Joe was charged with over forty separate counts of Identity Theft.

Joe gave the false prescriptions using the identities of other persons with the intention to deceive the pharmacies into giving him drugs. Oregon law provides that the identity of another person does not have to be of a real person. "'Another person'" means a real person, whether living or deceased, or an imaginary person."

Degrees of Identity Theft

Identity Theft is a Class C Felony. Each charge carries a maximum prison term of five (5) years, and a maximum fine of $125,000.

Aggravated Identity Theft is a Class B Felony. Each charge carries a maximum prison term of ten (10) years and a maximum fine of $250,000.

In order to get a conviction for Aggravated Identity Theft, in addition to the basic elements of Identity Theft, the Sate must also prove one of the following facts beyond a reasonable doubt:

(1) That here were 10 or more separate incidents of Identity Theft within a 180-day period;

In the example, Joe could have been charged with Aggravated Identity Theft because he committed 10 acts of Identity Theft within 180 days. In fact, each group of 10 acts of Identity Theft could be charged as a separate count or Aggravated Identify Theft leading to multiple REPO presumed prison sentences.

(2) The person has a previous conviction for Aggravated Identity Theft;

A second conviction for Aggravated Identity Theft can lead to REPO presumed prison sentence.

(3) The losses incurred in a single or aggregate transaction are $10,000 or more within a 180-day period; or the person commits Identity Theft 10 or more times in a 180 day period; or a person has a previous conviction for Aggravated Identity Theft; or a person has more than 10 different pieces of identification from more than 10 different people.

In the example, Joe did not cause any financial loss because he paid for the prescriptions. In cases where a person gets property or money using the personal identification of another from many sources within a 180 day period, then all the money or property values can be added together. Each $10,000 of value can be used for a separate Aggravated Identity Theft charge. For example, if the value of the property of money losses was $20,000 or more, then the district attorney could charge two counts of aggravated Identity Theft. Being convicted on two charges of Aggravated Identity Theft can lead to a REPO presumed prison sentence.

(4) The person has in the person's custody, possession or control 10 or more pieces of personal identification from 10 or more different persons.

In he example, Joe could have been charged with Aggravated Identity Theft because he had documents containing the personal identification of ten different persons in his possession when he was arrested.

Class C felony

Jail or Prison Sentences For Theft Crimes

Sentences for identity theft

In the example, Joe was convicted of five Identity Theft charges. Under the Oregon Felony Sentencing Guidelines, Joe would be subject to a non-prison presumed sentence of probation on five Class C Felony Identity Theft convictions.

If Joe had been convicted of one count of Aggravated Identity theft, he would have been subject to a non-prison probation sentence. If Joe had been convicted of two counts of Aggravated Identity Theft he would have been subject to a presumed 24 month prison sentence on the second conviction.

Even though Joe was not charged with Aggravated Identity Theft, he was subject to a REPO sentence on his third Class C Felony Identity Theft conviction. Remember each Identity Theft counts as a separate conviction and each conviction counts as a prior conviction for the next conviction. So for Joe's third conviction for Identity Theft he would have a presumed sentence of 18 months in prison under the Repeat property Offender's Act.

Identity theft mitigating factors

When Joe's family called us he was in jail. Shortly after we were retained, he was released. His cases in all three counties are over. We were able to use Joe's successful drug treatment to get a sentence where Joe did not have to go to back to jail in any of the three counties in which he was charged.

Although he was convicted of charges in two counties, the records of those convictions can be expunged/sealed in 10 years.

How we work as a team for you

We at James F. O'Rourke, Jr. and Associates know how to defend Identity Theft charges. We are very successful in getting Identity Theft charges dismissed or reduced. Our clients, who carefully follow our instructions, usually avoid jail sentences for Identity Theft charges. Rarely do any of our clients who follow our instructions receive prison sentences for Identity Theft charges.

Pre Charge Representation

How we work with you.

Other things we can do for you after conviction for Identity Theft

Probation Violation Hearings

Changing - Modification of Conditions Of Probation is possible for most identity theft crime convictions after sentencing.

Early termination of probation is possible for some persons serving sentences for Identity Theft crime convictions after a significant portion of the probation has been served and the purposes of probation have been fulfilled.

Deferred misdemeanor treatment may be requested for identity theft convictions. Identity Theft crimes are classified as C or B felonies. In some cases C felony convictions can be reduced to misdemeanor convictions at the end of probation.

Restoration of gun rights is possible after a felony Identity Theft conviction

Expungement (sealing) of criminal record is possible for Identity Theft convictions.

Identity Theft crimes are serious charges with serious consequences. Consult with an experienced Identity Theft criminal defense lawyer before talking to anyone about Identity Theft Charges that might be brought against you.

Assert you rights and protect yourself before you make any decisions or talk to the police.

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