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LawHelpNow
LawHelpNow, Attorney/Lawyer
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Its common knowledge that ID theft is out of hand, (Nevada). Does

Customer Question

It's common knowledge that ID theft is out of hand, (Nevada).
Does it have to be a person(s) to be considered ID theft?
Can an organization, corporation, goverment, etc. be held liable for imposing an identity on somebody?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  LawHelpNow replied 2 years ago.

Hello and thanks for choosing Just Answer®:

 

I am a licensed attorney and will do my best to provide you an honest and accurate answer to your important legal question.

 

My goal is to make your experience here highly satisfactory. Toward that end, please keep a few details in mind during our interaction:

 

1. When you receive my answer, please kindly click the ACCEPT button. This is the case regardless of whether you are paying for just one question or are using any type of subscription plan or promotional offer. Doing so does not terminate our dialog. I will gladly continue our discussion, without additional charge, if needed. I receive no wages or salary for my time.

 

2. I am a lousy mind reader. If you do not supply information to me, I do not know it. Please, give me the needed details to work with so I can provide you with the best possible service. Also, if you use the RELIST or BLOCK features, our discussion ends and I may no longer be able to assist. Please, just write back to me, directly, and talk to me.

 

3. Also, while I make every effort to work in a timely fashion, answering legal questions is not an instantaneous process. I am required to conduct research, interact with multiple customers simultaneously and sometimes take a break. Also, there may be times when I have to sign off for the night or to attend to other obligations. Rest assured, however, I will get back to you.

 

4. If you have a new legal question, the terms of this site ask that you post it in a separate thread. In other words, please be fair and reasonable. You can direct any future questions to my attention. Just go to my Profile Page, type in the text box "ask Your Question", click the hyperlink that says "15 minutes", and use the drop down menu to select 12 hours.

 

5. Please remember that many times even attorneys disagree with the law. But, we cannot change it. The answer I give you is based on my years of legal education and professional practice. It may well not be what you were hoping to hear. I will be upfront and direct. I will not mislead you, misstate the law to suit your hopes, or agree just to meet your expectations.

 

6. If you answer an Information Request and I start working on formulating your answer, it does take some time to draft a quality response. In the meantime, you may receive a message indicating that I am "offline" or "unavailable". This is not the case. These messages are generated automatically without my knowledge or input.

 

7. Lastly, please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated. Information provided is informational and not legal advice. I am not your attorney. No attorney-client relationship exists between us. Consult legal counsel in your jurisdiction.

 

QUESTION: "Can an organization, corporation, goverment, etc. be held liable for imposing an identity on somebody?"

 

ANSWER: Yes. Civil liability and/or criminal culpability can absolutely be imposed upon a business entity such as a corporation. Its corporate officers and directors would be the ones to provide the actual testimony, serve the time and so forth, as obviously a corporation cannot "speak". But, I understand your point, and it is well taken. A corporation certainly can face criminal charges for its unlawful conduct, including identity theft and related offenses.

 

I truly hope all works out for you. I know this is a lot to take in, so please do not hesitate to write back. After you select "Accept", our conversation need not end. I would be happy to continue our dialog, without further charge, until you are fully satisfied. I promise to check back periodically for any updated posts from you each time I return to this online venue.

 

Take care and thanks again for choosing JustAnswer®!

 

Customer: replied 2 years ago.
Corporations. How about govt., city, IRS, post office, courts, jail and such. Or all the same? They used ss# XXXXX financial Status here in Reno 8 years back. What they had was not me, but proceeded anyway. Numbers they are demanding, way out of my class. They made an error, and it's been preserved by the Statutes of Limitations.


Expert:  LawHelpNow replied 2 years ago.

Hello again,

 

Thanks for writing back -- good to hear from you.

 

You are quite welcome-- my pleasure to be of service.

 

I will be glad to comment further -- please see below.

 

I have answered your question on the honor system, so I respectfully XXXXX XXXXX you click "Accept" Many thanks in advance!

 

QUESTION: "Or all the same?"

 

ANSWER: No. Unfortunately, when it comes to governmental agencies, one faces a very substantial hurdle by way of the legal doctrine (defense) called sovereign immunity. Sadly, though, all of this is academic given that apparently the limitations period for prosecution has long since expired due to the operation of time, pursuant to Nevada Revised Statutes § 171.080 et seq.

 

Take care and thanks again for choosing JustAnswer®!

 

[Please click "Accept" -- this is the only way I get paid for my work and services provided.]

Customer: replied 2 years ago.

So they are immuned to prosecution, so I guess the question is, how can this be turned around or at least recognized for the truth. They have seized all bank accounts, took my DL and passport, I have been taken from my home many times and thrown in jail, (they conveniently call it contempt). It is there mistake and I am about to loose everything. I have undeniable evidence of both the original documents containing the error as well as my tax statement. I was a full time student at the time and had a negative -$8000.00 income. If it were you facing this, would you just let them take everything without any recourse? and still continue to hunt you down for the rest of your life? I have done nothing wrong.

 

There have been people serving time and found to be innocent many years later. They didn't just leave them in jail due to some statutue.

Expert:  LawHelpNow replied 2 years ago.

Hi there,

 

I realize how important this matter is to you, which is completely understandable, but I do need to ask for your acceptance of the original and follow-up answers I have provided. I earn no salary or wages for my time and services provided here, so I greatly appreciate your courtesy in that regard.

 

The statute of limitations serves to place an absolute parameter around even the most egregious conduct where applicable. In other words, once the stipulated amount of time has elapsed, you as an injured party are left with zero legal remedy. Under the facts you have outlined, the wrongdoers you have described are immune from prosecution. I am on your side here and believe you have every right to feel utterly destroyed, no arguments here, but I am entirely unable to change the law. I could lie and tell you something different, but that would be doing you a horrible disservice.

 

Take care and thanks again for choosing JustAnswer®!

 

LawHelpNow, Attorney/Lawyer
Category: Criminal Law
Satisfied Customers: 7591
Experience: Relax. Let's work together. Practical solutions.
LawHelpNow and other Criminal Law Specialists are ready to help you
Customer: replied 2 years ago.

I appologize for dragging this out, and I will accept. Everything about this is wrong. 911 changed many things, including ID standards. After the initial judgement, they would not accept my drivers licence as acceptable ID. I had to send off to Sacramento for an official SS card, (after scrambling for all the documents they wanted), that is why deadlines were not met. By the time I presented my proof of SS, they said my 30 days were up. It's like I have been set up.

I guess what I am trying to ask, is there no way to take it to a higher court? or anything that is not conventional. Who, if anyone, can intervene, set aside, or pardon. Like I mentioned, people have done time in jail just to be found innocent years later. What was the exception for such cases? They were not left in jail to rot because the law is absolute. I cannot just accept it. If that is the case, my life is over. And I will not go out laying down. Next time they come for me, I'm not going.

 

 

Expert:  LawHelpNow replied 2 years ago.

Hello again,

 

Thanks for writing back -- good to hear from you.

 

You are quite welcome-- my pleasure to be of service.

 

I will be glad to comment further -- please see below.

 

Many thanks for your prompt payment!

 

QUESTION: "I guess what I am trying to ask, is there no way to take it to a higher court?"

 

ANSWER: Yes. If you were a litigant and received such a ruling based on the statute of limitations, and believe it to be erroneous, you could appeal from the Trial Court ruling to the next highest Appellate Court. Generally, you would have 30 days in which to do so. On any issue, and especially that of limitations, your chances of prevailing are incredibly, exceedingly low. If you are outside of the window for timely filing an appeal, it will not be heard by any Court anywhere, sorry to say.

 

Take care and thanks again for choosing JustAnswer®!

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