Ask Experts Questions for FREE Help !
Ask
    ladyjustice's Avatar
    ladyjustice Posts: 11, Reputation: 1
    New Member
    		  
    #1

    Jan 9, 2010, 09:58 PM
    What Motion to file to dismiss criminal case due to Mistaken I.D.
    What type of Motion needs to be filed to dismiss a case where your record shows erroneously you committed a crime (and arrested and have a warrant) based on an alias on your record? My uncle's record shows he has a warrant out and has been given notice to appear in Court on an arrest that was not his. The name shown on the paperwork is his AND that of an alias that he has never used but nonetheless shows up on his record. He cannot afford an attorney, but can pay a legal document assistant. This is in California (Los Angeles and Orange County).

    Also, how can he get this alias striken from his record and NCIc?
    **He has been detained and questioned at Tijuana Border Xing for 5 hours because of this mistake? Can he file a police report for ID theft?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
    		  
    #2

    Jan 10, 2010, 06:51 AM

    Hello again, lady:

    He doesn't need a motion. He needs to show up and prove that he's NOT the guy they're looking for. That should NOT be hard to do.

    excon
    ladyjustice's Avatar
    ladyjustice Posts: 11, Reputation: 1
    New Member
    		  
    #3

    Jan 10, 2010, 10:13 PM

    Excon,

    Thank you for your many relpies to all 3 questions. What, in your opinion, would serve best as proof he is not the same person?

    Can he request fingerprint copies from the arrest of the alias in order to compare the two sets and prove they are not his?

    Or how can he get a copy of the arrest report from the alias and/or mug shot of that person?

    Or what proof would you offer if the DL and SS# are the same (id theft)?
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

How to file a motion to dismiss for lack of jurisdiction in a child custody case [ 6 Answers ]

I let my 3yr old son go on vacation with his dad that he had no contact with for three years. His dad only had him for a week in VA nad he filed for custody. My son and I have been living in Fl for the past three years. I have spoken to numerous attorneys and they told me that I can file a motion...

How to write a letter to the court to file a motion to dismiss criminal record [ 4 Answers ]

I need help writing a letter to the court. I was convicted of a felony charge and a misdemeanor charge about 4 years ago. I have met all the requirements and want to clean my record. I filed a motion to dismiss and set a court date. It turns out I can't make that date and want to write a letter to...

Motion to dismiss a case [ 5 Answers ]

How do I file for motion to dismiss a case?

View more questions Search