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 Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 116785
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Type Your Criminal Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

A person we know was caught stealing at a local Walmart. When

This answer was rated:

A person we know was caught stealing at a local Walmart. When questioned by AP staff he told them he was homeless and did not have any ID. He then gave them my son's name and our address. Police were called and person taken to station for booking. At station Police were able to get his correct name. However we are told my sons name will still remain as an AKA. Police refuse to remove it even though they know persons real name. We are told that by doing this if my son is pulled over for any reason and there is a warrant out for the other person, my son will/could be detained and taken to police station until matter cleared up. How do we proceed to have his name cleared? Help.
Thank you for your question. I look forward to working with you to provide you th information you are seeking.

Unfortunately, this happens all of the time and legally the police do not have to remove an AKA from a defendant's name. The only way to get this removed is your son has to file suit in court against the person for identity theft and ask for court order to the police agency to remove the name from their computer records. I am afraid court order now is the only way to clear his name from being associated with this person.

I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Law Educator, Esq. and 2 other Criminal Law Specialists are ready to help you