Atlanta, GA asked in Libel & Slander, Criminal Law and Identity Theft for Florida

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.

1 Lawyer Answer
Leonard Louis Cagan
Leonard Louis Cagan
  • Criminal Law Lawyer
  • Ocala, FL
  • Licensed in Florida

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.

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