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 Alex J. Esq. Your Own Question
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16712
Experience:  Experienced Licensed Attorney / Criminal Law Mentor
Type Your Criminal Law Question Here...
Alex J. Esq. is online now
A new question is answered every 9 seconds

Scenario: my father and I share the same name, we moved some

This answer was rated:

Scenario: my father and I share the same name, we moved some of my credit card debit to one of his credit cards due to it being zero interest. We did this so I could relocate to a new city. When I relocated things went sour and I ended up homeless. I found out later my father had lost his job around the same time. We lost contact and he ended up filing charges of identity fraud. This was years ago, I had no idea until recently when pulled over and was informed of the warrant by the officer. There was no extradition where I was at so he just told me I might want to look into it.

When I looked into it, it is 1st degree. Is there any way to handle this case without jail time? I know I will need a lawyer, just not sure how to pay for one.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry about this unfortunate situation.

In which state were you charged with identity theft and is it a felony charge?

What is your specific legal question for me?
Customer: replied 3 years ago.

It is listed as a "D" felony in NY state.

my question: is it possible to avoid a jail sentence, as well as handle this from out of state if I contact an attorney in NY state? I have no problem if the credit company was willing to allow me to repay the debit with a payment program.

Thank you for your follow up.

Since it is a serious felony charge, generally you would have to surrender and get processed in NY before the arrest warrant would be canceled by the judge and unfortunately there would not be an option of avoiding the surrender and booking into jail, which will follow by the bond hearing and an arraignment.

Also, unfortunately arrest warrants never expire and it would not be up to the credit card company whether to pursue this criminal charges, but up to the NY DA office.

Having an active felony warrant can cause all types of issue, including suspension / revocation of the driver license, being detained in any US state pending extradition or being detained in an airport or another facility that would conduct a warrant check, so the best thing to do is to contact an experienced NY state criminal defense attorney and to have this attorney help you address and resolve this pending felony charge as soon as possible.

I wish you the best of luck and please let me know if you have any related follow up questions.
Alex J. Esq. and 7 other Criminal Law Specialists are ready to help you