Legal Question in Criminal Law in Michigan

name used falsely

What do you do if someone uses your name to escape the law concerning a traffic violation?


Asked on 12/18/01, 11:13 am

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: name used falsely

You asked: "What do you do if someone uses your name to escape the law concerning a traffic violation?"

You should contact the police department that investigated the matter to show them that YOU are not the person who was involved. Why? The police and prosecutor are probably issuing charging documents that name YOU as the defendant, which puts you at risk of being arrested at any time.

Ideally, you should meet with the officer who handled the case. Odds are that he/she will see immediately that you are not the right defendant. You should then ask the officer to write a supplemental report (1 paragraph!) that says that you were not the defendant. This report should be taken to the prosecutor so that any case issued in your name can be immediately dismissed, and any outstanding arrest warrant recalled.

The last thing you should do is to help the police identify who the real defendant is -- even if it's your friend. If you don't, then this person will likely use your ID again, and again, and again.

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Answered on 12/18/01, 12:11 pm


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