I was driving the other day and I got stopped by the police because my tag was expired. When the police asked me for my driver's license I said I didn't have it so I gave him a fake name. He looked up the name and said I didnt have a DL he asked me 3 times about my named and I lied so he arrested me, but when he searched me he found a driver's license that I had gotten off the internet and three credit cards with name I had given him. The name I gave him was my three year old nephew's name, I was using his name to get a good job and as far as the credit cards I never gave him bad credit in fact he has perfect credit now. The cop charged me with giving a fake name slash fraud slash impersonation, so my question is am I going to be charged with fraud or does somebody actuallly need to file charges against me for taking their identity. I was kind of reading about it and to be actually convicted for fraud I would've had to damage his credit but in fact I only improved it.
2006-09-04 12:03:34 · 16 answers · asked by Michael 1 in Politics & Government ➔ Law & Ethics
1. You can be charged for identity theft without damaging the true owner's credit. Here's why. By establishing "false" credit in someone else's name, you are damaging creditors who will rely on the report of the true individual. You might have a defense, but it will be a tad difficult to keep up those payments when you are in jail (if you are in jail).
2. The decision for charging rests with the district attorney. Why is this important? NOW is the time to get an attorney to try to work this out with the prosecutor. It is far better to convince the prosecutor to NOT charge you, then to plan a defense to such a charge (which takes longer, and in which case you still have a chance for conviction, notwithstanding your belief in a defense to the charges.
Good luck.
2006-09-04 12:09:42 · answer #1 · answered by robert_dod 6 · 0⤊ 0⤋
You do not have to damage someone's credit to be filed on. By simply signing someone else's name or using a credit card without permission you have committed felony fraud.
As for the fail to ID... that is a good charge against you because you gave a fake name to the police. (They've got you there) The credit card fraud is beatable. Being in possession of a false identification card is also a good charge. I would hire an attorney immediately!
2006-09-04 12:22:03 · answer #2 · answered by cowgirlsrule6771 1 · 1⤊ 0⤋
well actually it might of helped if you had been telling the truth to the police.... i do not know what all charges they may bring against you... i have been charged with things i did not do at all and i had to go to court...i could not afford any more money to give to the lawyer so i just had to accept a plea....and if i really get into trouble it would go hard on me...i do not think the legal system is fair...but you should be charged with no driver license...but having fake id on you is going to be rough...unless you can get a good lawyer i would hate to be in your shoes...and needless to say you better have a lot of money....so sorry about your getting stopped but i guess it is all a little late now...
2006-09-04 12:15:51 · answer #3 · answered by sanangel 6 · 0⤊ 1⤋
Years ago you would be right that someone would have to press charges but now the "people" can charge you. Usually they take you in and print you. It takes about 4 hrs for your identity to come back and off you go unless you prints come back as some real desperado. Then you might be spending a great deal of time in jail. I got caught with a bunch of credit cards that didn't match and the cop just took them away from me. He no doubt can sell them.
2006-09-04 12:14:18 · answer #4 · answered by Billy M 4 · 0⤊ 1⤋
Sorry to say this, but I'm glad you were arrested! He did his job and good for him. You will be charged with everything the officer arrested you for. It doesn't matter if you didn't damage your nephew's credit...you committed fraud by using his name (or someone else's name) to obtain something for your own good. It's fraud!
2006-09-04 13:22:25 · answer #5 · answered by ? 3 · 0⤊ 0⤋
lets ee: thats no tags..falsification no operators license, credit cards..(federal charge) is possible.. identify fraud an option.. theft... oh yeah ... they can add the word intent...intent to fraud...pretty sure the owner of the cards etc..will be tracked down. person does not have to file.. the state will be happy to oblige. i am surprised you are not in jail at this moment
2006-09-04 12:11:20 · answer #6 · answered by Anonymous · 1⤊ 0⤋
your stuck, first he had every right to pull you over, then you gave a fake name another no no, then you had after your arrest a search which turned up other credit cards not in your name all legal
sorry but you seem to be up the creek without a paddle
2006-09-04 12:11:14 · answer #7 · answered by goz1111 7 · 1⤊ 0⤋
He had every right to arrest you. You lied to a cop, and to them that is unacceptable because they can look you up on their database and discover the truth. Had the cards blonged to an adult, you could have been arrested for fraud and the victims could have pressed serious charges against you.
2006-09-04 12:07:35 · answer #8 · answered by Anonymous · 1⤊ 1⤋
First off, by giving them the wrong name, you opened a can of worms. Looks like they gonna get your attention, but could have really slam dunked your a$$ for those stunts.
I see some jail time in your near future so, you screwed up, take it like a man.
2006-09-04 12:11:03 · answer #9 · answered by bigmikejones 5 · 1⤊ 0⤋
no having the credit cards with fake name, gained illegally is all they need, each card can be a seperate count of fraud, This is a very ( VERY) serious crime at this point.
2006-09-04 15:56:33 · answer #10 · answered by Anonymous · 0⤊ 0⤋