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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 24964
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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If my mom opened a credit card in my name but she has been

Customer Question

If my mom opened a credit card in my name but she has been paying on it every month but I need a police report to take it off my report what will happen to my mom this the first time she has ever done this
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
Hello,
My name is ***** ***** I am an experienced criminal lawyer.
If you report the card as unauthorized, the bank will want to go after your mother. That's why they are asking you for a police report. Your mother will then be charged with a felony. How serious that is will depend on how much she's charged to the card. If she's never been in trouble with the law before, however, she will likely receive a probation offer which will include restitution to the bank for the money she owes them and she will be able to stay out of jail.
The only other alternative you have -- and the bank won't care so long as they get their money -- is to keep that account open and on your report while allowing your mother to pay it off.
If you tell me what US state you are in, I can tell you the possible penalty for the crime.
Customer: replied 1 year ago.
It is in ut. But would they go to the house and arrest her
Expert:  Zoey_ JD replied 1 year ago.
Here's the identity fraud statute in Utah. As you can see, the level of the felony depends on how much was charged to the card.
http://le.utah.gov/~code/TITLE76/htm/76_06_110200.htm
The police can go to her home or to her office and arrest her. They can also just send her a summons or call her and ask her to come to the station and turn herself in on the arrest warrant. I cannot tell you which option the police will use. This is a non-violent charge, and a first arrest. Also, your mother has ties to the community and is not a likely flight risk, so they may do something other than come to the home. But there are no guarantees one way or the other. All of the ways mentioned are perfectly proper and the police will exercise their own discretion.

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