Legal Question in Criminal Law in California

My husband accussed me of identity theft because I opened two credit cards under his name because of need to continue supporting his children. We had divorce proceedings until the end but we never got a divorce decree and that is the reason why I say he is my husband, because to my knowledge if there is no divorce decree there is no divorce but please answer me that also. I know that in California when you are married and this type of situation happen there is no case of identity theft and is a domestic dispute. If that is true I need the law that talks about this. I also filed Chapter 7 bankruptcy back in March 2009 and I got a discharge in July 2009, can I still add these cards under my bankruptcy if they are put in my name? Please answer everything it is extremely important for me to know the answers as soon as possible it would be greatly appreciated.


Asked on 11/18/09, 11:52 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

You probably face felony charges, and would not be smart to try to defend yourself, unless you already know and can effectively use the laws, court rules, and criminal procedures in court against a prosecutor trying to put you in jail. No hints or tips you get here are going to do you any real good. If this is in SoCal, and you're serious about hiring legal counsel, feel free to contact me. If you can't afford counsel, then apply for the public defender. To include any debts in an already closed BK would be difficult and not likely to succed, but you could file the appropriate motions to try. I'd bet you face civil suit for fraud by the ex and/or the card companies in addition to the criminal charges. You'll need to hire counsel for that as well.

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Answered on 11/24/09, 2:00 pm


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