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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 12707
Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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My brother was arrested for DUI in los angeles. He had a prior

Resolved Question:

My brother was arrested for DUI in los angeles. He had a prior DUI. He used my license when arrested .He was booked and put in drunk holding in my name. He went to court and pleaded guilty in my name- paid fine enrolled in DUI classes in my name and was sentenced to 48 hours in the local city jail. When he went in to serve this 48 hours they discovered his true identity.

He is now being released but is pending additional charges. What am I responsible for besides trying to help my brother and keep him out of jail. How come they didn't discover his identity at time of first arrest?
Submitted: 9 months ago.
Category: Criminal Law
Expert:  Alex J. Esq. replied 9 months ago.

Alex J. Esq. :

Hello. My name is XXXXX XXXXX X will be glad to help you.

Alex J. Esq. :

Are you online with me?

Alex J. Esq. :

Welcome to JustAnswer.com

Alex J. Esq. :

Unfortunately, this is an extremely serious situation.

Alex J. Esq. :

Did you know about your brother using your driver license and your identity?

Customer:

not at the time of arrest

Alex J. Esq. :

How did your brother obtain your driver license?

Customer:

we share several cars registered to us both.It was in the car

Alex J. Esq. :

Why did your brother use your driver license?

Alex J. Esq. :

It is a felony to use another person's identity when it comes to criminal investigations / charges, by the way.

Customer:

he never got one after the first DUI

Alex J. Esq. :

Well, your brother and you need to consult with an experienced local criminal defense attorney.

Alex J. Esq. :

Unfortunately, your brother will likely fact additional charges, including a felony identity theft.

Customer:

separately or together.

Alex J. Esq. :

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.

Alex J. Esq. :

Separate.

Alex J. Esq. :

potentially you might end up testifying against each other, so both of you would have to have separate lawyers.

Alex J. Esq. :

Does this make sense?

Customer:

no

Alex J. Esq. :

What related follow up questions do you have at this time?

Customer:

none

Alex J. Esq. :

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.

Customer:

again why didn't the police discover his identity the first time

Alex J. Esq. :

That happens sometimes.

Alex J. Esq. :

Probably the fingerprints didn't match with the previous arrest.

Alex J. Esq. :

But that doesn't really help your brother, as the issue is him using someone identity in commission of a crime.

Customer:

he was finger printed when they put him in the drunk tank

Alex J. Esq. :

I understand, but fingerprint search doesn't always come back right away

Alex J. Esq. :

That is why it took them a little while to figure it out.

Customer:

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

Alex J. Esq. :

That happens often.

Alex J. Esq. :

But it does not negate the fact that he will likely be charged with a felony identity theft.

Customer:

so its ok for the police to make mistakes at my expense

Alex J. Esq. :

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

Alex J. Esq. :

So you might have a legal recourse against your brother, both criminal and civil!

Alex J. Esq. :

Does this make sense?

Customer:

thanks for your info

Alex J. Esq. :

I wish you the best of luck.

Please click on the "Excellent Service" feedback, so I can receive credit for my answer.

Bonus and positive feedback are always appreciated, but are not required

Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 12707
Experience: Experienced Licensed Attorney / Criminal Law Mentor
Alex J. Esq. and 8 other Criminal Law Specialists are ready to help you

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