Q: How long can jail hold sister in custody under my name? How will my record be impacted or how much rectification needed?
My name is public under an arrest online in jail records of a person falsely claiming to be me. I'm embarrassed and effecting me in my personal life.
A:
The jail can hold her until she either bonds out or is offered a time served disposition ; unless you do something about it. If you are not involved in the crime in any way, you can contact the law enforcement involved in the case and inform them of the fraud. Giving a false name to a LEO is a separate crime. If she signed your name to a legal document that can also be a separate crime.
It may be better to hire an attorney who is local to where the case is. She should have been fingerprinted when booked into the jail. If you have never been arrested the system will match your name with her prints. If you have called the prosecutor and not received a response, you may want to call and ask to speak to that attorney's supervisor. I would suggest an email first to give the prosecutor an opportunity get set things right. If there is a court date, you may want to appear and let the judge know that the Defendant is using your name. This can be dangerous and hence the suggestion to hire an attorney to handle it. If you correspond with the LEO or the State you may want to do it in writing by certified return receipt mail.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.