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California Identity Theft Questions & Answers
1 Answer | Asked in Internet Law and Identity Theft for California on
Q: Someone accusing me harassing them by sending text messages but i did not do it. Please advise.

They are using my cell phone number.

Maurice Mandel II
Maurice Mandel II answered on Sep 23, 2020

You need to find an expert in Cell Phone Technology like the guys on Catfish, who can show that someone cloned your phone and is sending messages pretending to be you from the clone. People masquerade as others all the time. It has been an email problem for about 15 years.

Justia...
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1 Answer | Asked in Criminal Law and Identity Theft for California on
Q: Summary probation when fined with i.d. theft..... Gave false name when police got us for being out during covid

Im in CA and am facing an identity theft charge; I used an old classmates name out of fear. The officer was intimidating and now knowing how the jail is in my county, had me just purging her name and bday. I got fined for being out during covid and it eventually came back to me. Now I have a court... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 21, 2020

more info needed.

you should set up a consultation with a criminal lawyer in your city asap.

if you can't afford a lawyer one will be provided for you at the 1st court date.

write out a detailed summary so that the lawyer can spend more time thinking about the case...
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1 Answer | Asked in Criminal Law, Civil Rights and Identity Theft for California on
Q: High Risk for severe Covid, DA is recommending 6 years 8 months for 9 felony charges yet co-def got summery probation

Feb. 2020, while at court, I suffered a mild stroke, could barely form simple words, disoriented,etc. My attorney, knowing I did not want to plead guilty without a deal, entered guilty plea to 9 felony ID theft charges. I have several health issues which makes me high risk of severe Covid-19. The... Read more »

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Sep 21, 2020

If you entered a plea at a time when you were not thinking clearly due to the stroke, you might want to have your plea withdrawn. Discuss this with your lawyer. If it was a 'good deal', and there are no problems of proof,for the DA, you may not want to. You might be looking at more time... Read more »

2 Answers | Asked in Civil Rights, Communications Law, Federal Crimes and Identity Theft for California on
Q: Will I get in to trouble?

My ex from 2015 has his electricity account using my email. I have called him multiple times to change it as well as emailed the company. Nothing has happend. I want nothing to do with him. Could I get in trouble for using the email to log in to his account and changing the email myself? I would... Read more »

Louis George Fazzi
Louis George Fazzi answered on Aug 20, 2020

Who knows what the future may hold? I don't have a crystal ball that will tell me what could happen at some time in the future.

Sometimes the only way to get something done is to do it yourself. As long as you don't impersonate someone else, or misuse another's identity for...
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1 Answer | Asked in Child Custody, Domestic Violence and Identity Theft for California on
Q: I found out my ex-husband is using his girlfriend to write letters in my name regarding our children.

My ex-husband is using his girlfriend to write letters in my name regarding our children. I have a protection order against my ex-husband. What can I do?

I only know because my ex-husband never logged out of my laptop and a notification came up from his email.

What do I do? I... Read more »

Dale S. Gribow
Dale S. Gribow answered on Aug 19, 2020

MORE INFO NEEDED

IF YOU HAVE A LAWYER POST THIS TO HIM/HER.

MAYBE A RESTRAINING ORDER AGAINST HER?

1 Answer | Asked in Consumer Law, Criminal Law, Identity Theft and Small Claims for California on
Q: I found out that my ex-husband has his girlfriend ease dropping on our conversations and recording it illegally

I found out that my ex-husband has his girlfriend ease dropping on our conversations and recording it illegally because it is confidential and she has no business with information on our kids. She is also writing letters in my name in regards to our children.

According to California Law... Read more »

William John Light
William John Light answered on Aug 19, 2020

If PC 632 applies to you, you can sue both. Your post indicates that you are in Colorado Springs. If that is true, section 632 may not apply to your benefit. That issue hasn't really been decided. If federal law applies to interstate calls, only 1 party need consent. Not sure what... Read more »

4 Answers | Asked in Criminal Law and Identity Theft for California on
Q: I have trial readiness court scheduled tomorrow. Can i tell my lawyer that i am not happy and want a different lawyer?

He has done nothing to help me at all. He hasn't contacted any witnesses and he barely remembers anything from the last time we spoke. He just stands around laughing and chatting with the DA and tries to convince me to take a deal. He hasnt returnes my emails and i feel like he hasnt tried to... Read more »

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Aug 5, 2020

You could ask the court for a Marsden hearing, where you have the opportunity to explain the breakdown in the attorney client relationship (because of his refusal to investigate/subpoena witnesses) such that you have no trust in the lawyer's ability to defend you, and request appointment of a... Read more »

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1 Answer | Asked in Identity Theft and Consumer Law for California on
Q: My four-year-old student loan was just added to my credit report. It ruined my mortgage is this legal

I got a business school loan refinanced by local bank. At the time it seem like their policy was not to report the debt to credit bureaus. Four years later with a perfect payment history they decided to report it. It didn’t hurt my credit score but it did hurt my debt to income ratio and now... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Aug 2, 2020

You have a right to accuracy. If it's inaccurate you have a claim.

1 Answer | Asked in Criminal Law, Banking, Civil Litigation and Identity Theft for California on
Q: How do I subpoena a bank to produce records on fraudulent checks paid? Need to find out what account they were deposited

I freelance as a QB accountant and doing this for one of my clients. Their bank produced years of checks, but can only tell me which financial institution they were presented. I need to find out the name and account number from the respective banks. It is several thousand dollars.

Dale S. Gribow
Dale S. Gribow answered on Jul 30, 2020

more info needed.

have you tried to do this informally?

you would have to file a lawsuit as I see it.

maybe you can file in small claims for up to $10k and subpoena with that lawsuit. If the matter is only a few thousand small claims may be your answer.

lawyers...
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1 Answer | Asked in Identity Theft and Lemon Law for California on
Q: Can a car dealer in California sell my car without my signature?

My daughter when to a car dealer to buy a new car and she gave the dealer my car that we own together as "AND" on the Title. Can the dealer legally take the car without my signature? Can I legally go to the dealer and ask for my car? I reside in California.

Scott Richard Kaufman
Scott Richard Kaufman answered on May 16, 2020

Legally? Probably not. But, that rarely stops a car dealer! Try the dmv investigations unit, as they police dealers...

1 Answer | Asked in Criminal Law, Identity Theft and Small Claims for California on
Q: If someone is in prison and they give someone power of attorney, and they take out loans in the person in prisons name..

Can he or she sue? This is without his permission.

Dale S. Gribow
Dale S. Gribow answered on Mar 11, 2020

MORE INFO NEEDED.

A LAWYER WOULD WANT TO REVIEW THE POA.

1 Answer | Asked in Banking, Contracts, Identity Theft and Criminal Law for California on
Q: I gave someone my bank account information and now they are taking all my money. I want to know if I can still report
Dale S. Gribow
Dale S. Gribow answered on Jan 19, 2020

more info needed.

how long ago was this? did you report it? to whom? put a freeze on your account and contact police,

1 Answer | Asked in Probate, Banking and Identity Theft for California on
Q: How can i prove the probate administrator commited fraud for stealing 220k pod account by way of false court order ?
Bill Sweeney
Bill Sweeney answered on Jan 11, 2020

Owners of bank accounts can designate beneficiaries by adding a "payable-on-death" (POD) designation. At the death of the account holder the POD beneficiary can claim the money directly from the bank without probate court proceedings. Similarly, owners of investment accounts can designate... Read more »

1 Answer | Asked in Federal Crimes, Probate, White Collar Crime and Identity Theft for California on
Q: Would a criminal court judge grant a exparte petition in a probate matter ?
James Edward Berge
James Edward Berge answered on Jan 10, 2020

No. Both are separate branches of the superior court, but both have separate functions: a criminal court adjudicates criminal law matters and a probate court adjudicates matters affecting trusts and estates. Rarely will one branch of the superior court step on the toes of another branch of the... Read more »

2 Answers | Asked in Criminal Law and Identity Theft for California on
Q: Can i argue to not include the sales tax in a grand theft case?

I was charged with grand theft last year because the items were rung up as being over $950, $956 to be exact. Having the sales tax included in the total makes my case a felony instead of a misdemeanor. The deal i was given does not fit my crime. But instead if looking at what happened, all the... Read more »

David Stephen Kestenbaum
David Stephen Kestenbaum answered on Dec 16, 2019

Generally sales tax is NOT included in determining the loss just as "sale" prices don't apply. They both only apply to actual "purchases" not theft.

I find it hard to believe the DA included tax and your lawyer should make a Motion to Reduce to a Misdemeanor at the Preliminary Hearing.

Good luck!

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2 Answers | Asked in Criminal Law, Employment Law, Civil Rights and Identity Theft for California on
Q: gaslight gang stalking

Expert Lawyers on gaslight and gang stalking, harassment, attempted murder in home

David Stephen Kestenbaum
David Stephen Kestenbaum answered on Nov 11, 2019

Sorry, is there a question you would like to ask?

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4 Answers | Asked in Consumer Law, Criminal Law and Identity Theft for California on
Q: where should I report extortion and identity theft
Dale S. Gribow
Dale S. Gribow answered on Oct 1, 2019

START WITH CONTACTING YOUR LOCAL LAW ENFORCEMENT

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1 Answer | Asked in Criminal Law and Identity Theft for California on
Q: Can I request money from identity theft before the case is settled
William Jaksa
William Jaksa answered on Sep 16, 2019

You are certainly allowed to ask the person you suspected that stole your identity to provide you with restitution even before their case is settled. Don't threaten them or offer anything in exchange, simply ask that they make you whole again. If they are smart they will realize that paying... Read more »

1 Answer | Asked in Civil Litigation, Appeals / Appellate Law and Identity Theft for California on
Q: I am seeking a pro Bono lawyer to help with this matter. My family was laughed at as we left the motel also followed

The motel employees and owner treated us like crap and now we are sleeping in my truck. My children are ashamed and disappointed by the treatment and verdict.

Tim Akpinar
Tim Akpinar answered on Sep 6, 2019

I'm sorry for your ordeal here. You could contact the State Bar of California - they have resources for free legal help that you could explore. They are located in the section of their website, "Public." Good luck

Tim Akpinar

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