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Aggravated Identity Theft and DDS License Investigations

A conviction for most Identity Theft offenses will violate immigration laws as a “crime involving moral turpitude” or “aggravated felony” offense.  Court opinions change the law on this every day. STERN Law has the expertise to successfully defend your criminal case and immigration status.

Because the Government is prioritizing the prosecution of immigration-related crimes,  we will see more and more arrests for Aggravated Identity Theft and Department of Driver Services (DDS) Investigations for license-related Identity Theft.

DDS Criminal License Investigations

With new facial recognition technology, the Department of Driver Services (DDS) can easily determine when a person has applied for a license in the past under a different identity or name. Many non-U.S. citizens currently face a criminal investigation for trying to get a legitimate drivers license today after many years without. If you ever applied for a license with another’s name, but now have lawful status and the opportunity to obtain a legitimate driver’s license, you will be flagged for criminal investigation and potential arrest for Identity Fraud.

Experienced CrImmigration counsel will carefully advise the next best steps for you and assist to prevent further investigation or arrest. If you have not applied or renewed the license in more than four (4) years, it is possible to negotiate against prosecution. .

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WARNING: If you ever falsely claimed U.S. citizenship on a previous license application, it it critical to retain experienced CrImmigration counsel immediately.

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Aggravated Identity Theft

There are both federal and state offenses for prosecution of Aggravated Identity Theft. Usually, this is charged when a non-U.S. citizen uses false identity documentation to apply for a job. It has also been charged federally when improperly or fraudulently issued immigration documents are used to obtain a federal benefit.

Federal Offense 18 U.S. Code § 1028A

Whoever, during and in relation to any felony violation enumerated in subsection (c), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a [mandatory minimum] term of imprisonment of 2 years

Georgia Offense - GA Code § 16-9-121.1 (2016)

(a) A person commits the offense of aggravated identity fraud when he or she willfully and fraudulently uses any counterfeit or fictitious identifying information concerning a real, fictitious, or deceased person with intent to use such counterfeit or fictitious identifying information for the purpose of obtaining employment.

(b) The offense created by this Code section shall not merge with any other offense.

Disclaimer: These codes may not be the most recent version. Georgia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.