While checking my credit yesterday through a credit report I purchased on line I realized I was a victim of identity theft. it turns out it was my own brother. I went to the police department and filled out a police report. They tricking thing is I live in NJ and my brother (who commited the crime) lives in NC. I have all the necessary paperwork to prove that he is the one who did it. I have also contacted the law enforcement in NC. They said to have the police report faxed to them as soon as the NJ police officer is done. I want to press criminal charges. Will my brother be charged according to NC laws or NJ laws? How can I press criminal charges? Do I need a lawyer?
2007-03-27 08:29:12 · 7 answers · asked by mjmtmr1 1 in Politics & Government ➔ Law & Ethics
All of the counts of identity theft were done in nc. He opened up a nextel phone, 2 utility bills and a landline phone not to mention i may be a cosigner on a vechile. I looked at the state statues for nj and nc and it shows i would have to press criminal charges with the nc police- is this right?
2007-03-27 11:28:17 · update #1
Your brother will be charges by federal law, as identity theft is a felonious act. You do not need a lawyer, as it will be the prosecuting attorney who sees this case through to the end. It's your brother who will be needing the lawyer. Your brother will have to attend court in the State that you live in, as you are the victim. I suggest that you do not have any contact with him AT ALL, and that you also get a restraining order on him immediately, demanding that he cease and desist using your identity, pending the outcome of his trial. Did you know that you can request a new social security number to clear this up? Thank former president Bill Clinton for that. Good luck, sorry you have to have such a scum bag for a brother.
2007-03-27 08:38:36 · answer #1 · answered by Anonymous · 1⤊ 3⤋
First-you don't need a lawyer. The District Attorney or Prosecutor is your lawyer. They will charge your brother according to the laws of where the crime was committed or in federal court. He can be tried in NC and the Court can apply NJ laws. How do you press criminal charges? You fill out a criminal complaint form. If no one gave you a form, put all the information in letter form, with identifying information at the top of the letter so it gets into the right file. They may accept that, particularly if you sign the letter before a notary. They may insist on using their complaint form, so try to give them a fax number.
Other folks suggested you need a lawyer. If you're asking if you need an attorney for the criminal charges, my original "no" still stands. You could need some assistance from an attorney if this is causing you credit problems. We are getting pretty used to these cases and the credit reporting agencies, who I normally dislike because they make a lot of errors, are good on identity theft issues.
2007-03-27 08:45:34 · answer #2 · answered by David M 7 · 1⤊ 2⤋
Yes you will need an attorney. Try the site below, watch the online movie presentaton. If you have any questions, please contact me. The process takes 10-15 minutes and will put you in touch with a TOP Law Firm within 24hours. Not only that you will get I.D. Theft Protection!
Hope this helps.
2007-03-27 09:02:34 · answer #3 · answered by citronge69 4 · 1⤊ 0⤋
The fereal trade commission is now saying you will need a lawyer and something in place to take care of it. I can offer some help, if you are interested!
2007-03-29 08:57:50 · answer #4 · answered by gatorgirl 5 · 0⤊ 0⤋
If you really want your brother to be prosecuted, you DEFINITELY need a lawyer, civily speaking. Criminally speaking, no lawyer is neccessary as the prosecutor will take care of all criminal charges.
2007-03-27 08:41:40 · answer #5 · answered by SunnyInNC 2 · 2⤊ 1⤋
You will definitely be needing a lawyer for this. Just tell the police that you want to press all charges. Seriously, you need to talk to a lawyer immediately. They can tell you alot more than we can.
2007-03-27 08:38:31 · answer #6 · answered by Souris 5 · 1⤊ 2⤋
If it crossed state lines it's Federal. Your brother could be going away for a long time.
2007-03-27 08:33:26 · answer #7 · answered by i_just_wondering 1 · 2⤊ 0⤋