Someone used my name while being arrested. What can I do?

Question

So I find out that an old friend of mine has used my name while being arrested. Now police are trying to say that I have an alias of his name with his extensive criminal record. After speaking with the police department that made the initial arrest, they told me that nothing could be done and I would have to get a card or something that states the name mix-up. Thats the most bull I have ever heard. There has to be some type of legal action I can take against them for being so incompetent to let someone use someone elses clear name with no ID to prove it, and I know there has to be a way for this to get cleared up. This is all in Michigan if that matters.

Answer 1

Like the person above me said, talk to the DA's office about this issue. If your friend was arrested, then his fingerprints were taken and obviously not match yours.

The next thing to do is to see about filing an identity theft case against your friend with the police department. I don't know how Michigan law works, but CA law allows you to put an identity theft warning in your NCIC information. What that means is if you were pulled over and the police ran your name and date of birth, a warning comes up letting them know your ID has been fraudulently used before. You actually get to select a password to be placed in your NCIC hit. So, if your friend tried this again and the identity theft warning came up, the police would go back to him and ask him for the password, which he wouldn't know. It's beautiful.

I'll list the CA law to give you some guidelines to help you clear your name. It contains exactly what the courts here would have to do. Check with your local police department / DA's office and ask if they offer this in Michigan. Good luck.

CA penal code 530.6:

a) A person who has learned or reasonably suspects that his
or her personal identifying information has been unlawfully used by
another, as described in subdivision (a) of Section 530.5, may
initiate a law enforcement investigation by contacting the local law
enforcement agency that has jurisdiction over his or her actual
residence or place of business, which shall take a police report of
the matter, provide the complainant with a copy of that report, and
begin an investigation of the facts. If the suspected crime was
committed in a different jurisdiction, the local law enforcement
agency may refer the matter to the law enforcement agency where the
suspected crime was committed for further investigation of the facts.

(b) A person who reasonably believes that he or she is the victim
of identity theft may petition a court, or the court, on its own
motion or upon application of the prosecuting attorney, may move, for
an expedited judicial determination of his or her factual innocence,
where the perpetrator of the identity theft was arrested for, cited
for, or convicted of a crime under the victim's identity, or where a
criminal complaint has been filed against the perpetrator in the
victim's name, or where the victim's identity has been mistakenly
associated with a record of criminal conviction. Any judicial
determination of factual innocence made pursuant to this section may
be heard and determined upon declarations, affidavits, police
reports, or other material, relevant, and reliable information
submitted by the parties or ordered to be part of the record by the
court. Where the court determines that the petition or motion is
meritorious and that there is no reasonable cause to believe that the
victim committed the offense for which the perpetrator of the
identity theft was arrested, cited, convicted, or subject to a
criminal complaint in the victim's name, or that the victim's
identity has been mistakenly associated with a record of criminal
conviction, the court shall find the victim factually innocent of
that offense. If the victim is found factually innocent, the court
shall issue an order certifying this determination.
(c) After a court has issued a determination of factual innocence
pursuant to this section, the court may order the name and associated
personal identifying information contained in court records, files,
and indexes accessible by the public deleted, sealed, or labeled to
show that the data is impersonated and does not reflect the defendant'
s identity.
(d) A court that has issued a determination of factual innocence
pursuant to this section may at any time vacate that determination if
the petition, or any information submitted in support of the
petition, is found to contain any material misrepresentation or
fraud.

Answer 2

1

Answer 3

Wow, it sounds like you may need a lawyer, one good with identity theft issues, because that's basically what happened. In the meantime, I would try to gather as many of "your" charges as possible and start outlining how you could not have committed the crimes. Even one or two may be enough. But yeah, this sounds like identity theft, plain and clear.

Answer 4

Go to the DA.. If he was arrested they would have fingerprints, which wouldn't match! On top of being arrested he has commited forgery(signing your name to the records) and perjury because when he went in front of the judge he had to state his name.
Get this cleared up, you don't need anything on your record and you don't need that friend

Answer 5

Sue the police department and that so called friend. I'm sure the cops will listen to you when you're demanding millions in damages. Go to the media and scream to high heck. They can't leave that on your record and just say "oh well."

Answer 6

Take the person to court for identity theft. You could try going to small claims court. Otherwise you will need a lawyer.

Answer 7

File an objection to the record that you committed a crime by presenting an affidavit that your name was only used by another person.

Answer 8

petition the motor vehicle department for a new id number. your old id number should be a part of the criminal history.

Answer 9

What's bull, is that your friend used your name. He doesn't seem like a very good friend. Your friend is what caused the trouble and that's the only person you should be mad at.

Answer 10

ok. specify this please, on a similar time as i circulate discover my calculator. do I ought to upload, say.. the 5 dollars, for every time i've got finished those issues (cuz if so, i do no longer think of i will play-i'm no longer that good at math), or in basic terms if i've got EVER finished any of those issues? ok. i will play that way.. carry on.