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Hammer O'Justice
Hammer O'Justice, Attorney
Category: Family Law
Satisfied Customers: 4374
Experience:  Almost 12 years of legal experience
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I filed a ID theft against my boyfriends ex wife and when I

Customer Question

I filed a ID theft against my boyfriends ex wife and when I filed the report I told the officer my last name like me and my boyfriend are married but we are not. Well they actually charged ex wife with felony ID theft,, and it is going to court, but I gave the police my wrong last name. What is going to come of this? Will the case get dismissed or can I be in trouble? In addition my boyfriend owes back child support and is not willing to go into court to testify. Am I screwed?
Submitted: 2 months ago.
Category: Family Law
Expert:  Hammer O'Justice replied 2 months ago.

Hello. Did she actually steal your identity?

Customer: replied 2 months ago.
she took out loans in my name
Customer: replied 2 months ago.
We have been antagonizing each other for 13 years.
Expert:  Hammer O'Justice replied 2 months ago.

Thanks for the additional information.

The fact that you gave the wrong last name shouldn't result in the case being dismissed as it is not really that relevant to the fact that she took out loans in your name if it gets resolved. I also don't really think that you will get in trouble for giving the wrong last name, because it is not particularly material, and it is an understandable mixup. I would, however, suggest that you talk to the prosecutor who is handling your case about it so that the prosecutor can amend the charging documents to correct your name. Often, the charging document will read something like "did steal the identity of Jane Doe by submitting fraudulent loan documents" and so they will need to know your proper name in order to make sure the charges have the right information. It is possible that the prosecutor already does know, because in preparation for the case they probably got the loan documents as evidence, but it is a good idea to clear it up before it actually goes to court. If you wait until after the trial is underway, then it may be too late to fix the error.

Customer: replied 2 months ago.
You did not answer my question about my boyfriend testifying. He says he will not go to court because he has an open child support case with this court and he never showed up to court to answer or take care of this. His ex wife is claiming that she gave him 1/2 of the money she got from the loans.
Customer: replied 2 months ago.
The court will understand that I Iied about being married when I was not? That is awesome I am so relieved to hear you tell me that, then if I lie about anything else that may have happened they will believe me because I am the victim right? I was really worried about that.
Customer: replied 2 months ago.
I am pretty sure she took out the loans in retaliation to us calling her to get her address for the repo man to repossess her car. We told her (you will get a kick out of this) that my boyfriends mom died and left her something so we wanted to send it to her. She bought it hook line and sinker. She gave us her address and we in turn called the repo man and scored a cool 100 bucks and that stupid bitch got her car repossessed.
Expert:  Hammer O'Justice replied 2 months ago.

Sorry about that. In terms of your boyfriend testifying or not, as to whether it is a problem for your case, it depends on what he knows. It may not be fatal to the prosecution's case, but it depends on what other evidence that there is against her. Usually with cases like this, there is a paper trail to show that the applications were completed and the money was given to her or went to her account or something like that. So if there is a paper trail that ties her to the crime, then your boyfriend's testimony is not needed. But if say, she confessed to him and he is the only witness, then it is a lot harder to prove the case. So it really depends on what evidence there is and whether he is necessary to show that this happened.

No, the court will not believe everything you say just because you are the victim. The court (or the jury) will be weighing your credibility by observing you when you testify and deciding if you are believable or not. It won't be great if it comes out in court that you lied about being married, but what I was saying is that it will not destroy your case because your marital status is not relevant to the actual charges, and it shouldn't get you in any actual legal trouble. The reason I suggested bringing it up to the prosecutor in advance is because they can try to amend the documents ahead of time and minimize the issue so it doesn't become a problem later.

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