Legal Question in Criminal Law in Texas

The short version. My sons grandmother, I guess, from bits of information that I have aquired, used her friends credit card and bought something off the television. The problem is that she apparently had it delivered to her house but used my name as the reciever. I called the Sheriffs Dept. for a domestic dispute I was having with her son and to my surprise was arrested on a felony warrent for credit card fraud. I had absolutly no knowledge of any kind of transaction. As it goes, my father had to post $5000.00 bail, I was treated as a criminal and do not understand how this could happen. I do not believe that I was even in the state at the time. I now cannot recieve the promotion or raise I was getting and am not able to find or get any other kind of information. I was told that I could not even get a police report without an attorney or a court date. I reside in Texas and am beside myself. Can and should I file identity theft charges now because I am told that I have to wait until this is dismissed. My other worry is that if I was arrested for something that I did not do, what is to say I won't go to jail too!! I have a 2 yr old son, and I am just trying to make a life for us, and this is basically ruining that chance


Asked on 12/29/10, 9:05 pm

1 Answer from Attorneys
Gary Thomas Gary Thomas Law Office, P.C.

Youi need a lawyer right away. If you cannot afford one, one will be appointed for you. As for filing identify theft charges, anything you say to law enforcement or prosecutors about that can be used against you in the charge they have filed, and they will take things out of context and use against you instead of trying to help you or pursue the identity theft. I would not talk to law enforcement until the case against you is over.

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Answered on 1/11/11, 1:26 pm


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