Identity Theft lawyer Prince George’s County, MD
You check your mailbox and find a letter from a bank you never opened an account with. Then your phone rings—it’s a federal agent. You are told you are being investigated for using someone else’s personal information to obtain credit. If you are facing a federal identity theft charge or an investigation in Prince George’s County, Maryland, the situation can move quickly. The United States Attorney’s Office for the District of Maryland prosecutes these cases actively. Mr. Sris and the firm’s Of Counsel attorneys concentrate their practice on defending individuals against allegations under 18 U.S.C. § 1028 and related federal statutes. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
How We Approach a Federal Identity Theft Case
A federal identity theft investigation often begins with a financial institution or credit-reporting agency flagging suspicious activity. From there, the case may be referred to a federal agency such as the Secret Service, the FBI, or the Postal Inspection Service. Federal prosecutors build their case through financial records, electronic evidence, and witness statements. Our approach is to examine each of those elements carefully. We look at whether law enforcement followed proper procedures, whether the evidence can be challenged, and whether there are grounds to negotiate for a reduced charge or a pretrial resolution. Each case is different, and our defense strategy is tailored to the specific facts presented by the United States Attorney’s Office for the District of Maryland, which handles cases that arise in Prince George’s County and throughout the state.
When the charges involve aggravated identity theft under Section 1028A—a mandatory two-year consecutive sentence if convicted—the stakes are especially high. We evaluate whether the alleged underlying felony supports the aggravated charge, whether the government can prove the defendant knowingly used a means of identification belonging to another person, and whether any constitutional or procedural issues exist. We work to protect your rights at every stage, from the initial investigation through any possible trial or sentencing.
What to Expect in the Federal Court Process
Federal criminal proceedings differ from state court. In Maryland, federal felony cases are heard in the United States District Court for the District of Maryland, which has two courthouse divisions: the Southern Division in Greenbelt (which serves Prince George’s County) and the Northern Division in Baltimore. After an indictment or criminal complaint, you will be brought before a federal magistrate judge for an initial appearance. Bond and pretrial release conditions are addressed early. The discovery process—in which the government provides the evidence it intends to use—follows. Pretrial motions may challenge the sufficiency of the indictment, the admissibility of evidence, or the legality of a search or seizure.
Federal sentencing is governed by the advisory United States Sentencing Guidelines. The guidelines consider the nature of the offense, the amount of any loss, the defendant’s role in the offense, and other factors. Identity theft cases often involve financial loss calculations that can drive the guideline range higher. There is no parole in the federal system, though good-time credit and certain limited reductions may apply. The timeline from charge to resolution depends on the complexity of the case and the decisions made by the parties. Our job is to explain each step and to advocate for a fair process.
Penalties for Federal Identity Theft
Federal identity theft is defined in 18 U.S.C. § 1028. The specific penalty depends on the subsection charged, the amount of loss, and whether the conduct is linked to another federal felony. Basic identity fraud can carry a prison term of up to 15 years. When the government charges aggravated identity theft under 18 U.S.C. § 1028A, there is a mandatory two-year prison term that must run consecutively to any sentence for the underlying felony. That means a defendant who is convicted of both a fraud offense and the aggravated-identity count faces a longer period of incarceration, without the possibility of probation or a concurrent sentence on the 1028A count.
In addition to imprisonment, a conviction can result in supervised release, restitution orders, and fines. Restitution is often calculated based on the actual losses suffered by the identified victims. The government may also seek forfeiture of assets derived from the offense. Because the consequences can affect your freedom, your finances, and your future, it is important to understand the charges and your options early in the process.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C. A former prosecutor, Mr. Sris has practiced since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background gives him insight into how federal and state cases are built. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).
The firm’s Of Counsel attorneys bring significant experience in federal criminal defense, including matters litigated in the District of Maryland. Together, Mr. Sris and the firm’s Of Counsel attorneys work to address each client’s case with a thorough, detail-oriented approach. The firm’s Rockville, Maryland location serves clients throughout Prince George’s County, including Upper Marlboro, Bowie, College Park, Hyattsville, Greenbelt, and the surrounding communities. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 to schedule a consultation.
Frequently Asked Questions
What is the difference between state and federal identity theft charges?
Federal identity theft charges are prosecuted by the U.S. Attorney’s Office and generally carry harsher penalties, including federal sentencing guidelines and no parole. State charges are handled by the county prosecutor’s office. If federal agencies like the Secret Service or FBI are involved, the case is likely federal. Federal cases also have different procedural rules and often involve grand jury indictments.
I’ve been contacted by a federal agent. What should I do?
If a federal agent contacts you about an identity theft investigation, you should politely decline to answer questions and request to speak with an attorney. Do not try to explain your way out of the situation. Anything you say can be used against you. Contact an experienced federal criminal defense lawyer immediately to protect your rights.
How does a federal identity theft case begin in Prince George’s County?
Many federal identity theft cases start with a referral from a bank, credit-reporting agency, or a state law enforcement agency to a federal investigative body. The case is then presented to the U.S. Attorney’s Office for the District of Maryland, which decides whether to seek an indictment from a grand jury sitting in Greenbelt or Baltimore. Once an indictment is returned, the court issues a warrant or summons, and you will be brought before the court.
What are the possible defenses to a federal identity theft charge?
Potential defenses include lack of intent, mistaken identity, consent by the person whose identity was used, or a challenge to the legality of the search or seizure that produced the evidence. The government must prove each element of the offense beyond a reasonable doubt. An experienced attorney evaluates the facts under the applicable statutes, including 18 U.S.C. § 1028, to identify the strong $1.
Can I be charged under both 18 U.S.C. § 1028 and § 1028A?
Yes, the government frequently charges a base identity fraud count under § 1028 alongside an aggravated identity theft count under § 1028A. The aggravated charge carries a mandatory two-year consecutive sentence if the underlying felony is proven. Even if the government offers a plea, the mandatory minimum on the § 1028A count can limit sentencing options.
How much does a federal identity theft lawyer cost?
Attorney fees vary depending on the complexity of the case, the stage at which you hire counsel, and the time a trial is expected to take. Many firms, including Law Offices Of SRIS, P.C., offer consultations to discuss the likely scope of representation and the fee arrangement. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
What happens if the identity theft involves government benefits or documents?
If the alleged fraud involves a federal program or a document issued by the United States, the offense may be charged under statutes that carry additional penalties. The theft of government property statute, 18 U.S.C. § 641, can also apply. These cases often involve overlapping charges, and the Sentencing Guidelines may account for the nature of the victim and the loss to the government.
Will my case go to trial in Greenbelt or Baltimore?
Federal cases arising in Prince George’s County are typically heard in the Southern Division of the U.S. District Court for the District of Maryland, located in Greenbelt. However, the court may schedule proceedings in either division depending on the docket. Your attorney will keep you informed of the specific courtroom and schedule.
Do I need a lawyer if I plan to plead guilty?
Yes. Even if you intend to plead guilty, you should have an attorney review the charging document, the evidence, and the proposed plea agreement. A plea can have immigration consequences, affect professional licenses, and carry mandatory penalties that may not be obvious. An attorney can negotiate with the government and ensure the court is aware of mitigating facts at sentencing.
How long does a federal identity theft case take?
The timeline varies widely depending on the complexity of the case, the number of defendants, the amount of discovery, and whether pretrial motions are filed. Some cases resolve in a matter of months; others can take a year or more. The Speedy Trial Act imposes deadlines, but many cases involve agreed-upon delays to prepare a defense.
Internal resources: Federal Criminal Lawyer Montgomery County | Federal Criminal Lawyer Howard County | Federal Criminal Lawyer Anne Arundel County | Federal Criminal Lawyer Frederick County | Federal Criminal Lawyer Baltimore County
Reach Law Offices Of SRIS, P.C. at (888) 437-7747. The firm’s Rockville, Maryland location serves clients in Prince George’s County by appointment. Mr. Sris and the firm’s Of Counsel attorneys appear in the United States District Court for the District of Maryland, Greenbelt Division, as well as other federal and state courts. Contact us to request a consultation.
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