Legal Question in Immigration Law in New York

unknown criminal charges

my dad was charged wrongfully in another state and they said it wasn't him, but they still have it on his record what can he do? when immigration detained him at the airport they said the state you were in has a charge against you, but it's not on file, but he still has to appear in court.


Asked on 12/19/07, 2:59 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: unknown criminal charges

This is unfortunate and unlucky and I wish I could tell you something pleasant on this.

1. He must make a 'legal appearence' and inform the court that this is a mistaken identity.

This does not mean that he must 100 % show up in person, but must get a legal representative (legal aid possibly) to bring to the court's attention that (i) he has a different bithdate from the charged person and (ii) he has a different physical description from the chraged person (drivers license description).

He must deliver an original birth certificate and copy of the drivers license and a statement to the court.

There is a good chance that the matter might be taken off his record if he does it this way.

If the court is in the New York City area I would be happy to assist you myself.

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Answered on 12/19/07, 4:28 pm


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