California Identity Theft Questions & Answers

Q: what are the elements of the crime U.S. Penal Code 1028

1 Answer | Asked in Criminal Law and Identity Theft for California on
Answered on Mar 10, 2018
Dale S. Gribow's answer
18 U.S. Code § 1028 - Fraud and related activity in connection with ...

https://www.law.cornell.edu/uscode/text/18/1028

(d) In this section and section 1028A—. (1). the term “authentication feature” means any hologram, watermark, certification, symbol, code, image, sequence of numbers or letters, or other feature that either individually or in combination with another feature is used by the issuing authority on an identification document, ...

18 U.S. Code § 1028A...

Q: what to do 1st court day? felony 4 identity+ grand theft, forgery, possession. and need attorney referral

2 Answers | Asked in Criminal Law and Identity Theft for California on
Answered on Feb 11, 2018
Dale S. Gribow's answer
I NEED MORE INFO

IF YOU ARE ASKING WHAT HAPPENS ON THE 1ST DAY OF COURT, YOU AND YOUR LAWYER PLEAD NOT GUILTY, GUILTY OR ASK FOR A CONTINUANCE.

IF YOU CAN AVOID A LAWYER S/HE WOULD DO IT FOR YOU.

IF YOU CAN NOT AFFORD A LAWYER ASK FOR A COURT APPOINTED LAWYER.

IF YOU WANT THE NAMES OF SOME LAWYER PLEASE CALL ME AT 760 837 7500

I WOULD ENCOURAGE YOU TO TYPE UP A SUMMARY OF THE FACTS.

THIS IS FOR YOUR LAWYER NOT THE COURT

Q: Im returning to court to finalize a 10 yr old divorce with my old Lawyer but he won't even talk to me, what can I do?

1 Answer | Asked in Divorce, Child Custody, Child Support and Identity Theft for California on
Answered on Feb 6, 2018
Tobie Brina Waxman's answer
You reference an old "agreement", but if your ex never signed it, it's not an agreement. If you are not getting cooperation from your attorney, let him go and hire a new one. Sounds like you have a lot of issues that could be addressed in your case, including getting more child support.

Q: Hi I have had my privacy invaded for 3 years now. fraud cyber stalking. How do I go about filing charges. What do I file

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Identity Theft for California on
Answered on Feb 4, 2018
Dale S. Gribow's answer
a lawyer needs more info to answer

is this a family member?

stranger stalking you/invading your privacy...........contact local police

Q: I am 17, and I turn 18 in one month.

1 Answer | Asked in Consumer Law, Criminal Law, Identity Theft and Juvenile Law for California on
Answered on Jan 26, 2018
Dale S. Gribow's answer
you are a minor so Juv Ct is the worse case scenario............not adult court

not sure if DA would file since you stole something that was yours.........though illegal

every school has their own criteria for admission.

if they look at this just as being in possession of a phony license they might try to argue moral turpitude.

you may want to hire a lawyer in your area of the city to look into this and talk to the agency investigating.

Q: My son opened credit cards in my name, spent 5,500 but is now in rehab. If I press charges can be do rehab instead of ja

1 Answer | Asked in Criminal Law and Identity Theft for California on
Answered on Nov 13, 2017
Dale S. Gribow's answer
that is a factual question and the answer could depend on his record and what court and DA in which you/he will appear.

did you pay what he owed?

may judges would take his substance abuse issues into consideration when determining a sentence and i have been successful doing this is the past........but there is no certainty on matter like this

Q: What is the right thing to do if you're a victim in a reshipping job scam?

1 Answer | Asked in Criminal Law, Employment Law and Identity Theft for California on
Answered on Nov 1, 2017
Dale S. Gribow's answer
without a complete understanding of facts it is difficult to give advice..........

if it is a scam i would contact local law enforcement

Q: I recently found out that my aunt forge my signature and cashed out some stock that my grandfather left .

1 Answer | Asked in Estate Planning, Identity Theft, Legal Malpractice and Probate for California on
Answered on Oct 3, 2017
Bruce Adrian Last's answer
Dear Corona:

Yes, there is a statute of limitations on forgery. Actually, forgery is a criminal offense, while in civil law it is conversion. Although there are a number of other civil causes of action that can arise of someone forges a document. For example, if the forger is also the executor of an estate or trustee of a trust, then there is an additional cause of action for Breach of Fiduciary Duty.

And, there is a rule called "Delayed Discovery." Essentially, if the act was...

Q: How can my friend stop a grant deed that is fraud,?

1 Answer | Asked in Criminal Law and Identity Theft for California on
Answered on Sep 6, 2017
Ali Shahrestani, Esq.'s answer
He may need to sue for fraud and file a motion to quiet title. He may also need to report this to the police as a financial crime. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following...

Q: My grandfather died and charges ended up on his credit card after he passed away in a state he's never visited. The

1 Answer | Asked in Identity Theft for California on
Answered on Aug 9, 2017
David Humphreys' answer
I am sorry for your loss. Unless you signed on as an authorized user on the account, you are likely not responsible for any of the charges; either those made before or after he passed. If you signed up for the card, you may be liable. Ask the credit card company for a copy of what you signed that they say makes you owe on the account. If they don't have anything, i would not pay. If the credit card company calls you or if they assign the debt to a debt collector, be sure to tell them what...

Q: Uncle forged life insurance policies my mother had and I was the beneficiary, is there something that can be done?

1 Answer | Asked in Criminal Law, Identity Theft and Probate for California on
Answered on Jul 25, 2017
Ali Shahrestani, Esq.'s answer
You can report forgery crimes to the police. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...

Q: Am I required to pay back money charged by someone who stole my credit card?

1 Answer | Asked in Identity Theft for California on
Answered on Jul 25, 2017
Ali Shahrestani, Esq.'s answer
What kind of identity theft protections and service agreements do you have in place? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...

Q: Tracy an only child and blind was kicked out of her mothers house and fraudulently/forgery done to life ins. HELP..

1 Answer | Asked in Civil Rights, Criminal Law, Identity Theft and Small Claims for California on
Answered on Jul 20, 2017
Louis George Fazzi's answer
You need to act swiftly to get your friend a competent probate or custodianship/ guardianship lawyer to start acting on her behalf immediately. The best advice I can give your friend is to get a good lawyer right away and to start taking action to hold the executor responsible for his misconduct.

Q: Ex-wif used my personal information and obtained my personal and new wife's personal information from Anthem. Can I sue?

1 Answer | Asked in Identity Theft for California on
Answered on Jul 14, 2017
Ali Shahrestani, Esq.'s answer
That sounds possible, as Anthem may have breached their contractual and statutory duties, and your wife seems to have violated your privacy and potentially committed a crime that you can report to the police. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice...

Q: I had a 5000 credit line with First City Credit Union. It went into collection for 4700. I was unable to pay back owed.

1 Answer | Asked in Collections, Consumer Law and Identity Theft for California on
Answered on Jun 28, 2017
William John Light's answer
What is the question? If you have been sued and a judgment entered against you, the judgment creditor can levy your bank account, garnish you wages, file a judgment lien on your real property.

Q: If someone asked you to sign their signature for them, is it legal to do so?

1 Answer | Asked in Contracts, Criminal Law, Civil Rights and Identity Theft for California on
Answered on Jun 9, 2017
Ali Shahrestani, Esq.'s answer
It depends upon the document and whether your signature acknowledges this request in writing. Generally, that's a no-no. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business &...

Q: my question concerns embezzlement of a contract in which I was a joint tenet with my now deceased brother...

1 Answer | Asked in Criminal Law, Consumer Law, Identity Theft and Securities Law for California on
Answered on May 22, 2017
Ali Shahrestani, Esq.'s answer
You may be able to sue for the forgery and fraud, and you can report crimes to the police and the attorney general. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business &...

Q: A guy was arrested and used my sons name.He's black and my son is white, but records show it as my son's.How is that?

1 Answer | Asked in Criminal Law and Identity Theft for California on
Answered on May 22, 2017
Ali Shahrestani, Esq.'s answer
You may need to appeal the conviction due to identity theft, and you may need to report the identity theft to the FBI and local police. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law:...

Q: Can a bank charge you for money that was deposit into account without knowledge or permission after they find it is fake

1 Answer | Asked in Banking, Criminal Law, Federal Crimes and Identity Theft for California on
Answered on May 8, 2017
David Dastrup's answer
Oversimplified possibilities: First, a person does not have a right to keep money that was never their money. But, if someone paid that person for a valid reason, and that someone paid with a fake check that essentially stole money out of another's account, then another should get their money back--probably what the bank is trying to do here. Nevertheless, the person could bring an action against the someone to get paid. This does not make the check unfake, but the check could be used as...

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