Legal Question in Criminal Law in Georgia
someone was arrested under my name and skiped bail and now i have a warrent undermy name and i can prove it wasnt me and i went to sherriff dept. but they say they wont take off the warrent unless the person turns themselves in,but now i caint get jobs because of it and its ruining my life can i sue the county?
3 Answers from Attorneys
Sue them for what? Because someone with the same name has a warrant? Do you think they should just stop looking for the other person and withdraw the warrant because you have the same name? Of course not.
Usually no, but you should, if you stop threatening them with a baseless suit, be able to get someone there to write a letter explaining that you are NOT that person. Show that to prospective employers in advance and also ALWAYS carry a copy with you in case you are stopped at a roadblock.
Most sheriff's or supervising deputies will be glad to help you that way if you are polite and agreeable. Start talking lawsuit and they will refuse.
Let me get this right, you yourself went to the sheriff's dept. and inquried about an open warrant. The sheriff verified that there is an open warrant for your arrest, and let you wak out of the jail without arresting you. Naw, that didn't happen. Try again. They told you they will not take off the warrant, and let you walk out of the jail. Naw, that didn't happen. In regards to your job search, you will probably end up losing the job you get once you are stopped for a traffic violation and the warrant pops up, because you are going to be arrested. Can you sue the county? Sure you can. You need to find an attorney, pay him and then file a lawsuit. Of course if I had money for an attorney, I would pay him to resolve the warrant, and the fact that someone is using my identity. However, you should proceed in the manner you think is best. See website for advice on how to select the right attorney: www.lawrencelewispc.com Good luck.
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