Legal Question in Criminal Law in California

my boyfriend was arrested and his motorcycle was towed when stopped for a taillight malfunction. His license came back suspended w/ warrents. He was jailed for 4 days, had 3 court appearances that were dropped and released. We were able to get the motorcycle released (it was on a 30 day hold) to the tune of $700.00. Come to find out that someone had given his driver's license in the past and had warrents. Is there anything to be done about getting back the $700 spent getting the bike out of impound since the warrents and suspended license were not his?


Asked on 9/07/09, 1:11 pm

1 Answer from Attorneys
Robert Marshall Law Office of Robert L, Marshall

Your boyfriend is a victim of identity theft. He can check with the District Attorney's Victim/Witness division to see if they can help, but he may have to sue the identity thief who used his name in the first place.

At this point, I would be more concerned with making sure it doesn't happen again.

This problem has become so common that the state Department of Justice has an ID theft registry where people who have been victims can have their names listed in a database that is accessible to law enforcement 24/7. That way, if you boyfriend gets stopped again, he can tell the officer to check out the database instead of arresting him. Your boyfriend can also authorize potential employers to access the database so they can see that he isn't a fugitive.

I even consulted on a case where a victim of identity theft was arrested on a parole warrant and sent to San Quentin state prison. He was there for three weeks before they found out someone else had used his name and served a prison sentence, then absconded when he was released on parole.

Your boyfriend should follow the directions on the link below. It could save him from spending another week in jail.

http://ag.ca.gov/idtheft/general.php

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Answered on 9/07/09, 4:17 pm


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