How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Legalease Your Own Question

Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 14511
Experience:  15 years exp all aspects of general law
20355756
Type Your Legal Question Here...
Legalease is online now
A new question is answered every 9 seconds

Does incarceration fulfill a requirement for identification

Resolved Question:

Does incarceration fulfill a requirement for identification purposes on an Affidavit of Absent Application of a Dallas County Marriage License. The affiant (is that the right word?) does NOT have a photo ID only an original birth certificate and an affidavit
of credible witness for identification. It is a whole mess, and I keep telling the lady I am not an attorney but there does not seem to be a remedy for them other than he has a one year old son and a judge in New Jersey issued a warrant and Dallas county is
holding him. I just want her to stop calling...but what can you do.
Submitted: 1 year ago.
Category: Legal
Expert:  Legalease replied 1 year ago.
Hello there -
-
Are they seeking to be married and the county is requiring a picture identification for the marriage license or to get married? Can you clarify this situation for me?
-
-
THanks
MARY
Customer: replied 1 year ago.
Hi Mary...yes...i am a notary, process server, and marriage officiant. They want to get married so the judge will release him as he is only being held in Dallas County jail at the request of New Jersey. The judge was not very happy, so this lady says. A jailhouse marriage of course is an option, however he does not have a photo ID. I was not sure if being incarcerated gave a remedy for a notarization on the absentee affidavit or not. I am suspecting not, but I wanted to be sure before declining the work. The guy has a one year old son and that is what is actually driving my concern, they just arrived in Texas and it is holiday weekend....I have no problem with the solemnization of marriage...I was thinking of issuing a subpoena, and seeing if the judge could use that, but I bet it has been decades since a notary used that particular ability - and I would need an attorney to request it I think...what a mess they are in.
Expert:  Legalease replied 1 year ago.
Hllo again
-
What charges is he being held on? Do you know?
-
Did the jail fingerprint him and confirm his identity?
-
Why will a marriage get him released?
-
I am concerned because I do not want you to do anything that may get you in trouble or cause you to lose your notary powers.
-
-
MARY
Customer: replied 1 year ago.
Hi there...yes I don't need a Dallas judge focusing on me, I am not sure the charges...however she admitted they where using the marriage as a tactic...they need representation...but since he is waiting for New Jersey to come pick him up he is stuck, from what I am allowed to do...she is desperate As there is a one-year-old involved and if something happened to him and the father was incarcerated and the child needed medical I don't know what she would do...I may refer her to a friend of mine if I can locate....he is in Houston though and my client I serve process for
Customer: replied 1 year ago.
If something happened to the baby I would feel very bad I don't like these types of calls!
Expert:  Legalease replied 1 year ago.
Hello there
-
In any event, incarceration is generally not an acceptable form of ID for marriage purposes but it is very strange -- unless you can get the SHeriff or someone at the jail to certify in an affidavit that his fingerprints ID him and they are satisfied that he is who he says he is. My gut tells me that you should simply try to find him a lawyer and not get involved with this matter. I know that may not be the best answer but the feds are getting very strict with identification since 9/11 and you do not want to do anything to jeapordize your notary commission (I am a notary myself).
-
-
MARY
Customer: replied 1 year ago.
I totally agree with you...thank you very much...I have been getting very strange requests lately, especial with minor travelling.. and I just did not know what to tell her she call 4 times yesterday. :) But you have given me enough as I had fulfilled my promise to "look" into and determine if a notary could assist in her situation, and the answer is no. Have a great day!
Expert:  Legalease replied 1 year ago.
Hello again --
-
Best of luck. Can I ask you to please press the 3rd, 4th or 5th STAR below so I will be paid for my time? I am not paid anything unless you do so and you are on a subscription plan so it will not cost you any additional money to do so.
-
MARY
Legalease, Lawyer
Category: Legal
Satisfied Customers: 14511
Experience: 15 years exp all aspects of general law
Legalease and 6 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 

Related Legal Questions