Succasunna, NJ asked in Criminal Law and Civil Rights for New Jersey

Q: Arrested under mistaken identity; seek legal guidance.

I was arrested in Dover, NJ, due to an error where warrants for someone with the same name but different social security number and birth date were mistakenly attributed to me. I was released on my own recognizance, pending a court appearance on March 3rd. I was living in Denver, Colorado, when the offenses occurred. During the arrest process in Randolph and Dover, I was forced to sign the NJ Bail Recognizance Form while handcuffed, and my rights were not read to me. I have attempted to find an attorney but have been unsuccessful so far. What type of attorney should I seek to help rectify this mistake, and could I face jail time for these incorrect charges? Additionally, do I have grounds for a civil case against the officers or municipal employees responsible for this error?

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1 Lawyer Answer

A: You need a criminal lawyer first and a civil lawyer for any civil suit. Just because you did not live in the State to the Police or Prosecutors mean nothing as you could have travelled to NJ to commit the crime and you will have to prove you were not in NJ (yes the law says otherwise, but lets look at reality not the text book) The defense you raise as to birth date and social security number are of course more relevant. Get yourself a good lawyer that is the only thing you can do to recitfy this unfortunate situation you are in. Remember the better the lawyer you hire, the better your chances are of getting out of this with a good result.

Rafael Gomez agrees with this answer

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