Virginia Identity Theft Questions & Answers

Q: What charges can a person face for unauthorized use of a debit card and unauthorized access to an email account?

1 Answer | Asked in Criminal Law and Identity Theft for Virginia on
Answered on Jan 12, 2019
Daniel P Leavitt's answer
The credit/debit card theft is a crime as is credit card fraud. Debit cards are considered credit card. So you have any number of crimes it would be. I am not familiar with the email access but I am positive that that's a crime as well if there was no permission. Credit card theft (not use, just being in possession of a stolen card they know is stolen) is punished like grand larceny.

Q: My social security number was shared to over 350 employees in an email without my knowledge or consent. What can I do?

1 Answer | Asked in Employment Law, Personal Injury, Identity Theft and Social Security for Virginia on
Answered on Jan 7, 2018
Mr. Beau Correll's answer
I'm very sorry that this happened. You should understand, though, that no matter how jarring or tortious an act may be that certain strict time limits apply. I believe that your factual scenario may touch upon two areas of the law - the first is state tort law and the second is federal employment rights. If I were you, I'd look for attorneys that focus on the latter because there are probably certain nooks and crannies to your particular case that a state tort attorney may pass over.

Q: My mother opened a credit card in my name using my social security number. What can she do? Without pressing charges

1 Answer | Asked in Criminal Law, Federal Crimes, Identity Theft and Social Security for Virginia on
Answered on Dec 18, 2017
Bryan J. Jones' answer
If you don't want to press charges, you can contact the credit card company and ask them to cancel the card and any transactions your mother ran on the card. You may be able to file a civil lawsuit against her, but you'd almost certainly have to pay an attorney a significant retainer and you're not going to get any money from your mother if she doesn't have any in the first place. I don't recommend filing a lawsuit against your mother.

Q: If a person has 40 charges of identity theft credit card forgery and credit card fraud. What would the punishment be?

1 Answer | Asked in Stockbroker Fraud, Criminal Law, Federal Crimes and Identity Theft for Virginia on
Answered on Dec 18, 2017
Susan Fremit's answer
It will depend on whether the alleged offenses can be proven and if yes, how many the commonwealth will proceed on. Sentencing guidelines may be increased by any prior record you have.

Q: My brother died in 2015,no spouse,children,and me,2 brothers are his closest kin.

1 Answer | Asked in Real Estate Law and Identity Theft for Virginia on
Answered on Jul 31, 2017
John Andrew Maghamez's answer
This is definitely one where you will want to speak with an attorney. As an owner of the real estate, you have several alternatives.

Q: Proving fraud in garnishment case

1 Answer | Asked in Civil Litigation, Collections and Identity Theft for Virginia on
Answered on Jul 11, 2017
F. Paul Maloof's answer
You should bring evidence of your age in 2005 when the credit card was opened.

Q: Need someone's help to sue a previous employee for computer trespass and altering files, opening a paypal account w

1 Answer | Asked in Contracts, Personal Injury and Identity Theft for Virginia on
Answered on Sep 22, 2016
Peter Munsing's answer
Not sure about no proof of malicious intent--unless they mean they didn't do anytihing with the paypal account. You need to have a member of the Virginia Trial Lawyers Assn give you a free consult and look to getting a cease and desist action, possibly an injunction. Maybe get the thoughts of the person at the commonwealth--I'm sure this isn't the first time they've had such a situation. There are, I believe, rules protecting personnel files that may not require intent.

Q: I was sent what my bank has determined to be a fraudulent cashiers check by someone who clearly intended to defraud me

1 Answer | Asked in Criminal Law, Identity Theft and White Collar Crime for Virginia on
Answered on Sep 1, 2016
Gary D. Godman's answer
Possibly. If you are a victim of attempted fraud, you should contact your local police or sheriff's department. If the banking system is involved, other law enforcement organizations may need to know about the attempt.

Q: If I am the victim of identity fraud can go after the state ?

1 Answer | Asked in Identity Theft for Virginia on
Answered on Apr 7, 2015
Susan Fremit's answer
It all depends of the specific circumstances. Click on "find a lawyer" to find a civil lawyer who deals with identity theft.

Q: In the state of Virginia how much money is considered Grand larceny and iidentity theft considered a felony?

1 Answer | Asked in Identity Theft for Virginia on
Answered on Mar 31, 2015
Susan Fremit's answer
Taking one or more items with a total value more than $200 is drand larceny (a felony)

Q: If I forge the signature of a person (family) who will not press take legal action, can I still be charged with forgery.

1 Answer | Asked in Identity Theft for Virginia on
Answered on Mar 31, 2015
Susan Fremit's answer
If the family member is not taking any legal action and is making the payment for the credit card or check there should be no charges.

Q: Can a Va code 18.2-168 be expunged?

2 Answers | Asked in Identity Theft for Virginia on
Answered on Dec 6, 2010
Mr. Andrew T. Bodoh Esq.'s answer
A conviction or plea of guilt under VA Code § 18.2-168 will not be expunged, but a acquittal or a dismissal of the charge may be expunged through the proceedure described in VA Code § 19.2-392.2.

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