Legal Question in Criminal Law in Georgia

Identity Theft

I am in the military and the last ten years my cousin have been using my name in Georgia. It started in 1998 when I received to DUIs and my command clear it up by show it wasn't me due to the picture they had on file.

When I was stationed in Atlanta on recruiting duty I did a Police Record Check and I had three to four worth of charges, so I went to the GBI to be fingerprinted and everything came back clear and nothing matched my fingerprints.

When I transfered to Japan I tried to renew my GA drivers licenses I was unable to due to the fact that he was pulled over with marijuana on 19Mar2007 and showed up to court and pleaded guilty, but he didn't complete the probation. I am looking at a lawsuit against the state I am a military police officer and it has impacted my job I can't driver I have been calling around for a year to clear this up and I am receiving no help. I have the booking photo that shows his face when booked I have sent that to the courts. What can I do? I feel the state is liable for allowing him to do this when I have provided the proper paperwork and fingerprints to clear my name.


Asked on 4/29/08, 10:34 am

2 Answers from Attorneys
David Glass Law Offices of David H. Glass, LLC

Re: Identity Theft

Your lawsuit does not lie against the state; it lies with your cousin. You may seek to bring criminal charges against your cousin, which may or may not stop him from impersonating you. You also may want to check your credit reports to see if he has used your name to open credit accounts. If you want an attorney to help with clearing the latest incident, you can contact my colleague, Kendall Carter at 404.962.4475. Kendall is a former prosecutor for Fulton County, so he may know additional options available to you.

Sincerely,

David H. Glass, Esq.

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Answered on 4/29/08, 11:04 am
Ms. Tran Lankford Tran Lankford, Attorney at Law

Credit Freeze

To expan on the previous attorney's response to your question, you can also protect yourself in the economic sense by doing a credit freeze with all three national credit bureaus, which would prevent your cousin or anyone from using your credit and financial information to apply for credits without you giving permission first.

In regard to the State, you may have a case against the State under Civil Rights if you were arrested, jailed, etc. due to mistaken identity with your cousin, especially if you have been aggressive in doing everything you can to show the government that you are not your cousin.

In responding to your question in this matter, the Firm is not expressing an opinion on whether you will ultimately prevail if legal action is pursued. You should not refrain from seeking legal assistance from another firm if you desire another opinion. Because time is always important, and could be critically short in your case, you may wish to seek another opinion as soon as possible.

The information contained in this correspondence is provided as a free consultation only, based on the limited facts given by you, and does not constitute legal advice. I try to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this E-mail. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel.

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Answered on 4/29/08, 12:03 pm


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