Wrongful charge

[Cam1john]

OREGON

Hi all,

Long story short, my brother used my name in an auto accident in the state of Washington. I have 2 auto charges against me, as well as having $1100 in collections. I recently found out about this well after the incident because he had the court mailings sent somewhere else. So I turn, my license was suspended, etc.
I've been in touch with a prosecutor in the county where it happened. I gave him contact information to my work, who then sent him copies of my work schedule, which verifies that I was in deed at work. I had HR and supervisor signatures verifying that. He's still not budging. He's basically taking me hostage in an attempt to get me to talk my brother into coming forward. I've discussed having the charges removed from my record so that I can drive again, etc. He's against that.
He will not do the right thing here. The incident is well over a year old, and I've been talking with this guy for over 4 months.

What are my options, if any? Thanks guys

 

[Just Blue]

OREGON

Hi all,

Long story short, my brother used my name in an auto accident in the state of Washington. I have 2 auto charges against me, as well as having $1100 in collections. I recently found out about this well after the incident because he had the court mailings sent somewhere else. So I turn, my license was suspended, etc.
I've been in touch with a prosecutor in the county where it happened. I gave him contact information to my work, who then sent him copies of my work schedule, which verifies that I was in deed at work. I had HR and supervisor signatures verifying that. He's still not budging. He's basically taking me hostage in an attempt to get me to talk my brother into coming forward. I've discussed having the charges removed from my record so that I can drive again, etc. He's against that.
He will not do the right thing here. The incident is well over a year old, and I've been talking with this guy for over 4 months.

What are my options, if any? Thanks guys

Just to clarify:

You do not want to talk to your brother to deal with the accident he caused and balmed on you, and you think the DA is "not doing the "right thing"? Is that correct?

If you could drop the pronouns for clarity that would be great. Thanks.
Blue

 

[Cam1john]

I never said I wouldn't talk to him. I have and he's unwilling. That's beyond the point in that the justice system failed to do their job when they prosecuted me with these crimes, and now I'm looking for well...justice.
Why is it on me to get my brother to come forward? It isn't my job. I'm not responsible for this nor for the job in cleaning it up and making it right.

 

[Zigner]

Life's not fair.

 

[tranquility]

Your "options", if the DA does not deal, is to defend yourself in court of the charges and then sue brother for his intentional misrepresentation/defamation when you win.

 

[Just Blue]

I never said I wouldn't talk to him. I have and he's unwilling. That's beyond the point in that the justice system failed to do their job when they prosecuted me with these crimes, and now I'm looking for well...justice.
Why is it on me to get my brother to come forward? It isn't my job. I'm not responsible for this nor for the job in cleaning it up and making it right.

You are the one alledging your brother is the cause of this accident. Why should the DA waste $$ backing up your "story"?

And if my sibling stole my name and put me in such a horrid position...I would do anything and everything to make it right. Your brother is not worth the sweat off your ...bottom.

 

[LdiJ]

You are the one alledging your brother is the cause of this accident. Why should the DA waste $$ backing up your "story"?

And if my sibling stole my name and put me in such a horrid position...I would do anything and everything to make it right. Your brother is not worth the sweat off your ...bottom.

While I don't disagree with you, it really sounds like the DA won't back down unless the OP's brother actually comes in an admits guilt. Since the OP does have some proof that he couldn't have been at the site where the citation was issued, its not a slam dunk for the DA if it goes to trial.

 

[HighwayMan]

Just because the OP thinks the documents his employer provided are real proof doesn't mean the prosecutor or court will accept them as such.

 

[HighwayMan]

Long story short, my brother used my name in an auto accident in the state of Washington. I have 2 auto charges against me, as well as having $1100 in collections...

So have you filed a police report regarding the identity theft?

I've discussed having the charges removed from my record so that I can drive again...

What record? You've already been found guilty by a court? If not then have you been actually charged? What are the charges against you?

What does your attorney have to say about this?

 

[quincy]

I suggest you hire an attorney to defend against the charges while at the same time filing a criminal complaint against your brother for identity theft and filing a civil suit against him to collect damages suffered as a result of his use of your identity.




(this post is mostly to bump a reported thread off the main board)

 

[LdiJ]

Just because the OP thinks the documents his employer provided are real proof doesn't mean the prosecutor or court will accept them as such.

No, it doesn't. However, when push comes to shove and the employer and others are brought to court to testify, the prosecutor and the court will have no choice but to weigh that testimony. Since the prosecutor will not be able to provide alternate evidence that the OP was actually the person cited, that testimony would be significant.

 

[HighwayMan]

Well, we still don't know for sure what the actual status of the OP's case is. He seems to think that the some work schedules from his employer should result in his problem going away. I was just pointing out that's not necessarily the case and it may be unlikely that an employer would travel to another state to testify in court. Now it seems as though the OP has disappeared so whatever lingering questions there are may never be answered.