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  1. #1
    Join Date
    Jun 2011
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    2

    Default Identity Theft Charges

    My question involves criminal law for the state of: Illinois
    I have been charged with ID theft and have to go to court in a week. I used my daughter's name to get a credit card. I paid on it for months then I stopped because of money issues. I know this was bad but I didn't know just how bad. I am so ashamed and embarrassed, but also very scared. I had a clean record with not even a traffic ticket. When I go to court what could happen to me?
    My ex-husband turned me in and now he's going to use it to try and take my daughter away. (we have joint custody) PLEASE can someone tell me what might happen??? I'm freaking out. Whatever happens to me is one thing, I did something very wrong, but to lose my daughter would kill me.

  2. #2

    Default Re: Id Theft

    If convicted of a felony level charge, which most ID theft cases in IL get prosecuted under, you could be looking at prison time. If the court imposes a prison sentence, as opposed to a lesser sentence (only possible in lower level felonies, upper class felonies carry minimum mandatory prison time), then yes, dad has an excellent shot of gaining full custody. The big determining factor in the level of the charge is the dollar amount indicated in the crime. For the lower level (class 4, meaning only a few hundred dollars in question) typical sentences are 1 to 3 years, plus mandatory probation upon release. Given that you've got no prior record, the best possible outcome with a conviction is several years of probation instead of actual time in a prison. Your attorney should be able to tell you the exact potential sentences based on your specific charges, as well as give some indication of the sentening habits in your local courts.

    You can read the full description of the various possible charges and their corresponding felony levels at:

    http://www.ilga.gov/legislation/ilcs...2000050K16G-15

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