Legal Question in Criminal Law in Florida

Re: stolen identity

Having your identity stolen is awful and has very negative effects on your life and your credit. You should, at least, get a letter from the State Attorney's Office that states that you were a victim of identity theft (then keep that letter with you) and ask the State Attorney's Office to recall any warrants they have issued for you related to checks written by someone else.

The website for the Florida Department of Law Enforcement has a warrant inquiry, so you should be able to find any warrants that have been issued in your name there.

Even though it seems ridiculous that the same prosecutor's office that sent the person that forged your check to jail has now issued warrants for you, the different parts of that office do not necessarily communicate with each other to catch that injustice. Unfortunately, the burden is then on you to try to get these unjustified warrants recalled before you get stopped for speeding and thrown in jail!

You will also need to check what this has done to your credit rating and probably provide documentation that your identity was compromised to the various credit bureaus to try to clean up your personal credit.

If you don't get anywhere on your own or if you do get arrested, you may need an attorney to help you. Please call me if you would like a free consultation.

Rebecca Zima

www.zimalaw.com

Re: stolen identity

Hello: I just read your question and the one response. I agree with the answer from that atty. I would add, if you can't get the cooperation from the State Attorney's Office, you may get an atty. to help. We are often asked to find out if there is a capias or warrant for a client and to represent them. We start by getting the case numbers and calling the actual judge the case is assigned to and asking for a court date. We also ask that the judge withdraw the capias right then so my client doesn't have to turn himself in and be booked. One would hope in a situation as you described, the State Attorney's Office can discern that another person wrote those checks and drop any charges against you. If they don't do that, the case will proceed and your atty. will provide argument and facts to the Assistant State Attorney outside of court and hope that will convince them.

If my office can be of assistance to you, please write or give us a call. I noticed your zip code is 32207. I live in this area also and my office is on Bay Street downtown. Good luck. Tom Rosenblum