Legal Question in Criminal Law in New York

Wrong Identity

A friend of mine was given a letter saying he was arrested for not going to a court date. However, he was accused of doing something he sisn't do. His guess is that a friend of his used his name and address to get out of trouble. WHat does my friend need to do to prove his innocence?


Asked on 6/06/05, 12:14 pm

3 Answers from Attorneys
Valerie Masters Valerie Masters, P.A.

Re: Wrong Identity

its hard to say because i dont know the details. perhaps fingerprints or alibi.

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Answered on 6/06/05, 12:40 pm
Robert Evans Robert S. Evans esq.

Re: Wrong Identity

More details are needed to answer the question. Have your friend call my office for a free consultation @718 834-0087, I'll be happy to help.

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Answered on 6/06/05, 12:50 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Wrong Identity

This can and will be rectified, but it is going to be a huge headache for your friend. Again, it will be straightened out.

(1) The letter indicates that, because he missed a required court appearence, there is an outstanding warrant for his arrest. If he interacts with the police in any capacity in any state and they take his name, he will be subject to immediate arrest.

(2) The solution is to go to that court during its regular hours and present himself to the court. The warrant will be vacated within one (1) hour and there will no longer be a danger of immediate arrest and a night in jail.

You do not need a lawyer for this, but it is a good idea. AND DO IT AS SOON AS POSSIBLE!

(3) You will indicate to the court at that time that this is a case of 'mistaken identity'.

There are records indicating a physical description of the actual criminal. The arresting officers fill out a description, the jail has a description, and even the legal aid lawyer has a description.

In addition, a photo is taken of the actual criminal with fingerprints at the jail

It is not 100% necessary to have a lawyer to show this is about 'mistaken identity', but it is a good idea to have someone pushing for you in the system.

If you address this problem as soon as possible, the impact on your life will me very small. Please, do not wait to go in to the court and make your required appearence.

You should ask your chosen lawyer for a fee more in accord with a 'court appearence' than a fee for handling a case. You are welcome to contact me for a free consultation in which I will nag you to present yourself to the court as soon as possible!

This will get solved. This is a case to be upset about the inconvenience and not one to be afraid of the result. BUT GO IN NOW!

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Answered on 6/06/05, 2:15 pm


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