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Ask TexCrimLawyer, J.D. Your Own Question
TexCrimLawyer, J.D.
TexCrimLawyer, J.D., Lawyer
Category: Criminal Law
Satisfied Customers: 4779
Experience:  Experienced in state and federal criminal litigation.
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While living together from 2001-2004, my ex-boyfriend obtained

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While living together from 2001-2004, my ex-boyfriend obtained two credit cards in my name and added himself as an authorized user without my knowledge. When i pulled my credit report i discovered these two accounts and it shows that The accounts are both closed as of 2003 and paid in full. I do not see anything else fraudulent on my credit report. My question is this- would the Prosecutor go after him after almost 9 years even though I just now discovered this? I'm in the state of Georgia and the credit cards were used in Georgia.

TexCrimLawyer, J.D. :

Good evening. I'll be assisting you with your question.

Customer: Hi, thank you!
TexCrimLawyer, J.D. :

Let me look something up. It will just take a few minutes.

Customer: Ok, thanks
TexCrimLawyer, J.D. :

OK. Thanks for waiting.

TexCrimLawyer, J.D. :

The statute of limitations for theft is two or four years, depending on the facts. However, the time in which the crime was unknown does not count.

TexCrimLawyer, J.D. :

Basically, this means that the DA has up to 4 years from when you found out to bring charges.

TexCrimLawyer, J.D. :

The issue here is whether the DA would expend resources on an ID theft case that did not result in a loss.

TexCrimLawyer, J.D. :

My guess, especially considering the age of the case, is that they will not.

TexCrimLawyer, J.D. :

However, the only way to know for sure is to report it to the police and let them take over from there.

Customer: I've been told 9 years later to discover this ID Theft is basically irresponsible of me because I didn't act within a reasonable amount of time?
TexCrimLawyer, J.D. :

Legally, that does not make a difference.

TexCrimLawyer, J.D. :

However, it may make a practical difference in whether the DA wants to bring charges, even though he legally can.

Customer: Do you believe that I will have difficulties in proving he did this without my knowledge since we lived together? I tried calling the credit card companies and they do not have any documentation after so long.
TexCrimLawyer, J.D. :

No, I do not think proving you did not have knowledge will be a problem. Just living with someone does not mean you know every credit card they have, etc.

TexCrimLawyer, J.D. :

Since the credit card company no longer has the documents, that may present a problem in actually proving the case, but that is an issue for the police.

TexCrimLawyer, J.D. :

You don't have to worry about how the police prove the crime. The only thing you have to do is report it. After that, they will take over and whatever happens happens.

Customer: One more complication....he now resides in Virginia. If the police find enough evidence and ask if I want to press charges, does it follow him to VA or stay here in GA?
TexCrimLawyer, J.D. :

They can have him arrested in VA. Again, that is an issue for the police and DA to deal with. First, they have to decide whether or not they want to prosecute. Second, they have to be able to prove it. An arrest is a long way away, but if they want to, there are procedures to have someone arrested in another state.

Customer: oooh, ok. So really it has nothing to do with me once I ask for a police report. I thought I was going to be really involved in this whole thing...
TexCrimLawyer, J.D. :

No, you are only minimally involved. The police and DA do pretty much everything.

Customer: In your opinion, is this something I should even really bother making a report against? Like you said there is no "loss" on my end,
Customer: pin just mad he did it even if it was 9 years ago.
TexCrimLawyer, J.D. :

I think you should make a report, but I wouldn't get your hopes up.

Customer: ok,
Customer: On, one more thing I forgot.....I talked to a different attorney via phone today who mentioned something about if he now lives a "reformed life" he's free from prosecution? True?
TexCrimLawyer, J.D. :

No.

TexCrimLawyer, J.D. :

Again, that may make the DA less likely to prosecute, but that carries no legal weight.

Customer: Ok, sounds good. You've cleared up my confusion! Thanks again!
TexCrimLawyer, J.D. :

Glad to help!

TexCrimLawyer, J.D. :

If I can't do anything else for you, please remember to "rate" my answer. Good luck.

Customer: Thanks!
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