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Unfortunately, this is an extremely serious situation.
Did you know about your brother using your driver license and your identity?
not at the time of arrest
How did your brother obtain your driver license?
we share several cars registered to us both.It was in the car
Why did your brother use your driver license?
It is a felony to use another person's identity when it comes to criminal investigations / charges, by the way.
he never got one after the first DUI
Well, your brother and you need to consult with an experienced local criminal defense attorney.
Unfortunately, your brother will likely fact additional charges, including a felony identity theft.
separately or together.
Also, you can be charged with obstruction of justice, among other potential charges, if the DA can prove that you knew or willingly gave your driver license to your brother and then tried to cover up for him.
potentially you might end up testifying against each other, so both of you would have to have separate lawyers.
Does this make sense?
What related follow up questions do you have at this time?
I am very sorry this has happened to you, but this is a serious criminal matter and I would also suggest that you do not discuss it with anyone, until you consult with a local criminal defense attorney and have this local attorney present during any questioning.
again why didn't the police discover his identity the first time
That happens sometimes.
Probably the fingerprints didn't match with the previous arrest.
But that doesn't really help your brother, as the issue is him using someone identity in commission of a crime.
he was finger printed when they put him in the drunk tank
I understand, but fingerprint search doesn't always come back right away
That is why it took them a little while to figure it out.
he was in the drunk tank 3 weeks ago- went to court and then went to serve the 48 hours yesterday that's when they found out
That happens often.
But it does not negate the fact that he will likely be charged with a felony identity theft.
so its ok for the police to make mistakes at my expense
It is not police who made a mistake, but your brother who fraudulently used your identity and your driver license and if you were not aware of this, then you would be able to press additional charges against your brother and also sue your brother civilly for any damages
So you might have a legal recourse against your brother, both criminal and civil!
thanks for your info
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