Legal Question in Criminal Law in California

Identity Theft

A Friend was hurt & lost her job. Her friend cosigned a loan for her. She hoped to repay loan w/ injury settlement. She maintained the account well enough to receive pre-approved 0% transfer offers. She phoned the 800- numbers to accept for herself & her friend.

After the first loan, signatures were never required of her or her friend to establish any of these new accounts.

The debt mounted.

Her friend discovered the increasing debt later when his own application was denied. To protect his own interests, he reported a theft of his identity and his former friend is now accused of Identity Theft (PC530.5A).

My friend's an honest person facing a felony charge. She still hopes to repay the debt but she pleas in two weeks.

Is her situation pretty common?

Are not the 2nd, 3rd, 4th... lending institutions culpable themselves for not confirming with the cosigner?

Most importantly, what can she do to mitigate the legal crises she's in?

Thank you for your help, most especially with the last question.


Asked on 12/27/07, 6:48 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Identity Theft

Mitigate? Nothing.

She must defend the charges with whatever facts and evidence are available. That's what attorneys are for, to present her defenses, and either negotiate a plea or take it to trial. Those are her only options. Have her contact me if serious about getting the legal help she'll need, if the case is in SoCal.

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Answered on 12/27/07, 7:27 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Identity Theft

Whether the situation is "common" is beside the point. What matters is that it's serious. Your friend is facing prison time and needs competent defense counsel ASAP.

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Answered on 12/27/07, 6:54 pm


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