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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
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Experience:  Handle criminal matters in both state and federal courts.
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i was picked up on retail theft in 97 and when i was ...

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i was picked up on retail theft in 97 and when i was arrested i used my sisters name when i went to court my lawyer told the judge every thing and my sister came with me . i received a small fine and let go. 3 years ago i went to get it exspudged to turn out they said the fine wasnt paid so i repaid it i was then arrested because the complaint was still in my sisters name (she had a warrant )   i was finger printed and went back in front of the judge the judge said come back in 5 years to get it exspudged instead im waiting 3 to get it sealed now and go back later to get it exspudged my question is when i go back in front of the judge this time could he charge me with identy theft PS i called the police dept the oither day and he looked some thing up and the files have been mened the courts supposebly have every thing in my name now! im scared to death do i have any thing to worry about (ps this happend in il
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Samuel II replied 8 years ago.


the statute of limitations is 3 years to file charges. highly unlikely to have charges filed at this time.

Customer: replied 8 years ago.
Reply to Samuel-II's Post: what do you mean y0u highly dought it the staues are 3 years is there any way i could be proscututed for this crime
Expert:  Samuel II replied 8 years ago.


no. first of all the elements for the identity theft do not exist merely by giving the name - id theft has many elements that include intent to defraud for profit, etc. your intent was to cover your identity. if they were going to get you on anything it would be for false information to a police officer. many criminals have alias - yours will be noted on your record until it is expunged. there is no way you can be prosecuted or charged with identity theft

good luck to you

Samuel II and 4 other Criminal Law Specialists are ready to help you
Customer: replied 8 years ago.
Reply to Samuel-II's Post: if you cant finish anwering my question i cant pay you im sorry
Expert:  Samuel II replied 8 years ago.


i did answer you. here is the illinois law on the statute of limitations - it is 3 years

720 ILCS 5/3-5; 5/3-7
Felonies1st or 2nd degree murder, attempt to commit first degree murder, criminal solicitation to commit murder, involuntary manslaughter, reckless homicide, treason, arson, forgery: none; others: 3 yrs. Extended limitations when: victim of theft a minor or under legal disability, then during minority or legal disability or within 1 yr. of termination;

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