Legal Question in Criminal Law in Texas

misuse of identity

My brother was arrested for theft/ fleeing from the police and gave my name. The police dept have no record of copies of his ID so it is assumed he wasn't asked to provide any. I didn't know until two background checks for employment came back with misdemenor and felony charges. Filed with the D.A.office who gave the case to someone else, they gave it to someone else who then gave it to someone else ect.. Have proven that this was not me and have been assigned a password to prevent this from occurring again. Have been given the runaround for about eight months. Meantime, I cannot seek employment until this is cleared up Consulted an attorny and was told a retainer of $1500.00 would be required. Since I am unemployed, that amount of money isn't feasible. I call the cuurent owner of this case frequently and drop by often, I am given the brush-off or my calls aren't returned. I am still unsure if ANYTHING has been done. Very frustrating. What can I do to get this matter resolved in a timely manner?


Asked on 7/08/09, 10:45 pm

2 Answers from Attorneys
Robert Tuthill Law Office of Robert H. Tuthill

Re: misuse of identity

you probably need to file for an expunction.

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Answered on 7/09/09, 1:09 pm
TC Langford Langford Law Office

Re: misuse of identity

I agree with Mr. Tuthill.

Additionally, you should be able to get at least a letter (on ADA's letterhead) which states that the defendant in these causes, is not you. A copy of that letter, together with your proof/explanation should stop the problem with the employment interviews.

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Answered on 7/09/09, 3:31 pm


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