Rights


Fake IDEarlier this month, there was an article in the NY Times about a recent Supreme Court decision that significantly limits a prosecutors ability to use Identity Theft related charges in illegal immigration cases. The decision basically says that because it is common practice for illegal immigrants to obtain fake social security number in order to obtain work, driver licenses etc., it cannot inherently be considered malicious. In other words, “oops, I didn’t mean to ruin your credit, driving record, and tax and employment history. I just needed a job.”

Taking someone’s Identity to obtain work initially doesn’t seem like a big deal until you go to pay your taxes at the end of the year. Your employer reports your wages to the government and a certain amount of taxes is to be taken out. But what happens when someone using your identity claims 5 or 6 people on a W-4 form using your social security number? You file and the IRS says you owe for over-claiming on exemptions.

Though illegal immigration is a problem, Identity Theft is a bigger problem and most illegal immigrants must use some form of identity theft in order live and work in our country, and the government is choosing to make Identity Theft an easier choice by removing the deterrent of stiffer penalties on something that is now viewed as ‘common practice’ and therefore acceptable. Identity Theft

Are you protected from Identity Theft?

If ever there was a phrase that would inspire controversy, this is it. We are all raised with the idea that police are put in our lives to serve and protect us. For as long as our great nation has had laws, millions of brave men and women have been out on our local streets and highways in order to keep the peace, and stop crime.

Check out what James Duane law professor at Regent University and former defense attorney has to say about the subject:

The fact is that we are a nation of laws and before anything, police are here primarily to enforce laws that are already broken, not to prevent laws from being broken. Police at all levels are investigative agents, put in place to ensure that when the law is broken, the right people are brought to justice!

We are all human and are subject to bias, some form of stereotype and even prejudice at some point and in certain situations. Police gather intelligence, and the reality is that intelligence is often open to interpretation and that interpretation is often unintentionally molded to the biases of the interpretor.

In the event that this bias should arise, people need to ensure they are protected by having legal counsel that is unbiased and dedicated to their best interest with regard to the law.

Are you protected?