Legal Question in Criminal Law in Arizona

possessing another persons membership Costco card. This was an expired club card I had found, it had never been used. I am being charged with a class 4 felony of "Taking the identity of another". Is this a valid charge? Apparently because I have been indited on this. How can I fight this? I have no other accompanying charges, but they grouped me with other co-defendants that I am not real familiar with, and I don't share any charges with them. Should I request to separate? And when is the most beneficial time to request this?


Asked on 3/09/12, 9:12 pm

1 Answer from Attorneys

Carrie Spiller Law Office of Carrie M Spiller, PLLC

It looks like the first portion of your question may not have been submitted? I am answering based on the information that was included.

In AZ, taking the identity of another is a valid charge, and is a class 4 felony. In AZ, you can be charged with that statute under a wide variety of factual scenarios. Based on the facts you submitted, the State could allege the charge for simply "possessing" the personal identifying information of another person (ie a Costco card with photo) if it is without their consent, and if they can prove the intent to use that information for any unlawful purpose. It doesn't actually have to have been used. But they have to prove each element beyond a reasonable doubt. The case may work a little differently if they have also alleged accomplices or a conspiracy.

If there are multiple co-defendants, that typically indicates that there was some type of "ring" or conspiracy investigation going on. Your attorney can file a motion to sever you from the other co-defendants, but there has to be a legal reason for doing so. A motion to sever has to be done in at the pre-trial stages of the case. You should consult an experienced criminal defense attorney to discuss the facts and circumstances in more detail, and to answer your concerns about the multiple co-defendant issues in your case. Feel free to contact me if you have further questions.

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Answered on 4/09/12, 11:33 pm


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