Legal Question in Criminal Law in Michigan
I have the same name as my dad and he broke the law, they got our names mixed up and now they are trying to charge me with something I didn't do. How do I fix this without having to do jail time?
2 Answers from Attorneys
How about getting your Dad to do the right thing. If he doesn't you can always rat him out.
If the first lawyer's suggestion doesn't work ... What is the crime? Were there witnesses (including police officers who had contact with the REAL defendant) who could tell you and your dad apart, etc? If this was a traffic offense, the cop could likely tell the two of you apart, and other descriptions by the cop like approximate AGE, and height and weight, etc might distinguish you from him. Also, if your dad got arrested, there'd be booking information and a mug shot at the jail that would probably show WhoDoneIt. Talk to your lawyer about demanding a line-up to see if witnesses identify you. Also, where were you when this all happened? You might have an alibi. Also, has your dad done this before (used your name / date of birth) to avoid trouble? You could use that evidence to great reasonable doubt if you are charged. Etc.
Related Questions & Answers
-
In regard to retail fraud charges (specifically 3rd degree) in the State of... Asked 1/11/10, 11:52 am in United States Michigan Criminal Law
-
I was at a retail store in Michigan and caught for attempting to take a $40 item. I... Asked 1/10/10, 11:16 am in United States Michigan Criminal Law
-
A friend was placed on 18 mos. probation in Sept of 2008 for possession of... Asked 1/09/10, 10:19 am in United States Michigan Criminal Law