Identity fraud involves using or altering someone’s personal information without permission, often leading to severe legal consequences. Below, Liberty Law Group outlines what identity fraud entails and the potential penalties of being convicted. As individuals read on, they will learn about what Nebraska law specifically makes illegal, some possible defenses, and the role of a criminal defense lawyer in these cases.

Identity Fraud lawyers Omaha, Nebraska

Our criminal defense attorneys at Liberty Law Group are experts in the field of financial and identity crimes. While fake IDs may seem harmless, Nebraska state law sees otherwise.
Our firm proudly serves Omaha in Douglas County, including Lincoln in Lancaster County, Papillion in Sarpy County, Fremont in Dodge County and Council Bluffs in Pattawattamie County, Iowa and the surrounding areas. If you or a loved one has been charged or is under investigation for Identity Fraud, don’t wait, call our firm immediately at (402) 865-0501 to request a free consultation to discuss the facts of your case.

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What is Identity Fraud in Nebraska?

According to Nebraska Revised Statute 28-640, identity fraud occurs when a person, without lawful authority, engages in certain actions involving personal identification documents (e.g., driver’s licenses). These actions include making, counterfeiting, altering, or mutilating any personal identification document with the intent to deceive another person. Additionally, the law considers it identity fraud if someone willfully and knowingly obtains, possesses, uses, sells, or attempts to obtain or possess, any personal identification document.

Under Nebraska law, the creation or alteration of personal identification documents must be with the intent to deceive for it to constitute identity fraud. Similarly, the obtaining, possessing, or using of those documents must be willful, knowledgeable, and for the purpose of deception. This law addresses situations where individuals create fake IDs, modify existing IDs to misrepresent information, or use someone else’s identification documents, all with the intention of deceiving others. This can include activities like using a counterfeit driver’s license or using someone else’s identity without their permission at a bar.

The term ‘personal identification document’ includes various forms of identification. This could include government-issued IDs like driver’s licenses and passports, as well as potentially other forms of identification that can be used to verify a person’s identity.

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What are the Penalties for Identity Fraud in Nebraska?

Under Nebraska Revised Statute 28-640, identity fraud is initially classified as a Class I misdemeanor but escalates to a Class IV felony for any second or subsequent conviction. For a Class I Misdemeanor, the penalties can include up to 1 year in jail and/or a fine of up to $1,000, as stated in Nebraska Revised Statute 28-106.

If a person is convicted of identity fraud for a second time or more, the offense is elevated to a Class IV Felony. According to Nebraska Revised Statute 28-105, the penalties for a Class IV Felony can include a prison sentence of 0-2 years, followed by 9-12 months of post-release supervision, and/or a fine of up to $10,000.

In addition to these penalties, a person found guilty of identity fraud may also be ordered to make restitution. Restitution involves compensating the victim for any losses or damages resulting from the crime.

Probation, which is an alternative to imprisonment, is available in Nebraska for fraud offenses. Probation may include conditions like maintaining employment, attending counseling, and avoiding unlawful behavior, with the potential for imprisonment if these conditions are not met. Diversion programs focus on rehabilitation and may lead to dismissal of charges upon successful completion. Fraud is listed as an eligible offense for all diversion programs in Lancaster County, including the General Diversion Program, Mental Health Diversion Program, Intensive Supervision Diversion Program, and Veterans Diversion Program.

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What are Some Defenses to Fake ID Charges in Nebraska?

Defenses to identity fraud in Nebraska primarily revolve around the elements of the crime. Since identity fraud requires specific intent and knowledge, defenses often focus on disproving these elements. One key defense is the lack of intent to deceive. If a person can demonstrate that they did not intend to deceive anyone when they made, altered, possessed, or used an ID, this can serve as a strong defense. Similarly, if it can be shown that the individual did not knowingly engage in these actions, this too can be a defense. Mistake of fact is another possible defense, where the accused believed they were acting under correct and legal circumstances.

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How Can a Criminal Defense Lawyer Help Someone Facing Identity Fraud Charges

A criminal defense lawyer in Nebraska can assist a client charged with identity fraud or other fraud crimes by carefully examining the evidence and identifying effective defenses. The lawyer can question the prosecution’s case, especially regarding whether the client had the intent to deceive, which is a major element of identity fraud. They can also help by negotiating with prosecutors, possibly reducing charges or penalties. In court, the lawyer can argue on behalf of the client, presenting evidence and cross-examining witnesses. Their knowledge of legal procedures and rights can ensure the client’s case is handled fairly. Additionally, a lawyer can guide the client through the legal process, providing clear explanations and support at each step.

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Additional Resources

Federal Resources for Victims – Visit the official website of the Federal Trade Commission to learn more about resources available nationwide to victims of identity theft. Access the site to report an incident of identity theft and to begin responding to it as proactively as possible. Creating an account on this site allows for tracking of updates related to one’s case.

Research study report on “The Fake ID Effect”:
Recognizing that minors who get and use fake ID are at risk for negative outcomes such as criminal or health consequences that follow from their actions, the study attempts to discern the effect of the fake ID as a cause of harm as compared to individual risk factors related to the traits and behaviors of the minor who got the fake ID, such as peer influences or other social or psychological factors that make some minors more at risk of harm than others

Hiring an Identity Fraud Defense Attorney in Nebraska | Liberty Law Group

While some may overlook the use of a fake ID to go to the bar, the Nebraska District Attorney’s office does not. According to state law, the use of fake or stolen IDs often expose the underage to dangerous or harmful environments, and the DA’s office can often push to use these cases as examples.
Liberty Law Group is ready to defend you or your loved one in the case of an Identity Fraud investigation, charge or arrest.

Our firm proudly serves the communities of Omaha in Douglas County, Lincoln in Lancaster County, Papillion in Sarpy County, Nebraska and Council Bluffs in Pattawattamie County, Iowa and surrounding areas. Call our firm immediately at (402) 865-0501 to request a free consultation to discuss your case with an attorney. We are standing by and ready to help with your defense.