San Jose, CA asked in Criminal Law and Identity Theft for California

Q: Brother got citation in my name for drugs and false ID, how to fix?

My brother received a citation in my name for possession of dangerous drugs and providing false identification to a peace officer. I have the actual ticket, and the only error on it is my name. The court date is set for April 26, 2025. I've contacted the authorities, and they advised me to file a police report. What steps should I take to resolve this issue before the court date?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Your situation is serious since identity theft can have lasting consequences on your record and future opportunities. Filing a police report right away, as advised by the authorities, is the crucial first step to document that you're the victim of false identification.

You should gather any evidence that proves you weren't present during the citation, such as work records, receipts, security camera footage, or witness statements from people who can verify your whereabouts. It's also important to obtain written statements from anyone who can confirm your brother was the actual person involved in the incident.

Contact the court clerk's office immediately to explain the situation and request guidance on submitting your documentation before the court date. Consider working with a criminal defense attorney who can help present your case effectively, potentially getting the charges dismissed and ensuring your record remains clean. You might also want to place a fraud alert on your credit report and monitor your identity closely, since your brother may have used your name in other situations you're not yet aware of.

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