Legal Question in Criminal Law in California

False accusation in criminal case

I received a letter informing me of a warrant for my arrest. When I went to the courthouse I found out that the charges were for possession of a meth pipe. I am not the person who received the citation and I believe it was my brother who used my name as his own. I have not spoken to my brother in about 2 years and am unsure of his whereabouts. How do I prove that this wasn't me? It will cost me more to hire a lawyer then to just pay the fine, however I could potentially lose my job for these charges and may become a permanent part of my record. The court denied my request for a court appointed attorney.


Asked on 5/09/07, 1:38 pm

3 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: False accusation in criminal case

Bite the bullet and get a lawyer. Tap your retirement fund, borrow money or sell some possessions if you have to, but don't let something like this get on your record just because doing so is cheaper than fighting.

To "just pay the fine" you would have to plead either guilty or no contest, and the plea will go on your record as a conviction. Such a conviction can limit your career options (and thus your income), and can haunt you in many other ways. In the long run, not fighting will probably cost a lot more than fighting.

If this is a case of mistaken identity, an experienced defense attorney may be able to take care of it quickly. Such a modest effort may end up costing a lot less than you think. At a minimum, you should consult with a local attorney about your options.

Good luck.

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Answered on 5/09/07, 2:21 pm
Peter Berlin Law Offices of Peter Berlin, A Prof. Corp.

Re: False accusation in criminal case

You should hire a lawyer. This is not a traffic ticket, its a criminal charge. A conviction or plea will be on your record and is something that you do not want to have.

Fee free to contact us to discuss your matter.

www.berlinfirm.com

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Answered on 5/09/07, 2:48 pm
Daniel J. Mangan III JuryTrialJustice

Re: False accusation in criminal case

Hire Counsel ASAP and do a Cal-ID against the fingerprints of the arrestee...and SDT the booking photo. Then petition to remove the record that is in your name....

DJM

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Answered on 5/09/07, 7:54 pm


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