What happens when someone uses your name upon being arrested and now there is a bench warrant for your arrest?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What happens when someone uses your name upon being arrested and now there is a bench warrant for your arrest?
My sister used my name upon being arrested and now the county is trying to tell me the only way to clear my name is to turn myself in, be put in a holding cell, and wait to see a judge to prove my innocence. What kind of lawyer should I hire?
Asked on July 25, 2011 New York
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You should first consult with a criminal lawyer about your sister using your name upon being arrested and that there is presently a bench warrant out for your arrest. The criminal defense lawyer needs to make the appropriate motion or court appearance for you to clear the arrest warrant as well as clear up the arrest in your name as opposed to your sister's name.
You do not want to turn yourself in for something you did not do and then get booked, finger printed, photographed and placed in a holding cell. You would then have to get bail to be released or come up with your own money for release. Afterwards, you would then have to incur attorneys fees to correct your "arrest" for your sister using your name upon arrest instead of hers.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.