twin bro used my name

[exhausted1]

What is the name of your state? DE

first im actually using a freinds account on here so it has nothing to do with her problems.


just found out 2 weeks ago my loser twin bro got aressted for drugs,assault,and conspiracy all at once and went to jail and used my name. this is the second time he has done this and this is also the second time it was with the Wilmington police in delaware.

well first this time i am pressing charges against him for it but i want to know if there is any legal action i can take against the wilmington police for being so careless in there job and making this mistake twice now. i spent 2 weeks fighting wit the arresting officer to help me clear things up and get the stuff off my record with no help from him and telling them to put in their data base to be more observant when my name is being used so my brother cant do it again and look what happen! now i've gotta waste my time going in the police station clearin my name and trying to get this crap off my record which its been a year now with them and i still havent got the last stuff removed. they keep running me around so i would like to know if i can file something against the police department since its obviouse they dont know how to do their jobs or even run a persons name in ther computers and look at a photo ID to see we are not the same person. "we dont look alike at all"

also could someone pleease tell me how do i get this crap off my record? where do i go and who should i speak with? because the wilmington police are no help at all in doing this. what makes me the maddess and i am so angry is that those fools can type my stuff on their comps and add it to their records but they say they cant remove it!

someone please help and is there any action i can take to make sure this wont happen again. cant i have something added to my records stateing if my name is being used that they must asked for more ID's or run the the person in for more proof of who he is?

LAS

 

[bb_wolfe]

What is the name of your state? DE

first im actually using a freinds account on here so it has nothing to do with her problems.


just found out 2 weeks ago my loser twin bro got aressted for drugs,assault,and conspiracy all at once and went to jail and used my name. this is the second time he has done this and this is also the second time it was with the Wilmington police in delaware.

well first this time i am pressing charges against him for it but i want to know if there is any legal action i can take against the wilmington police for being so careless in there job and making this mistake twice now. i spent 2 weeks fighting wit the arresting officer to help me clear things up and get the stuff off my record with no help from him and telling them to put in their data base to be more observant when my name is being used so my brother cant do it again and look what happen! now i've gotta waste my time going in the police station clearin my name and trying to get this crap off my record which its been a year now with them and i still havent got the last stuff removed. they keep running me around so i would like to know if i can file something against the police department since its obviouse they dont know how to do their jobs or even run a persons name in ther computers and look at a photo ID to see we are not the same person. "we dont look alike at all"

also could someone pleease tell me how do i get this crap off my record? where do i go and who should i speak with? because the wilmington police are no help at all in doing this. what makes me the maddess and i am so angry is that those fools can type my stuff on their comps and add it to their records but they say they cant remove it!

someone please help and is there any action i can take to make sure this wont happen again. cant i have something added to my records stateing if my name is being used that they must asked for more ID's or run the the person in for more proof of who he is?

LAS

First, this is an easy thing to do. Simply flip open the Yellow Pages, find any old attorney, and cough up the $600-1200 cost for them to contact the City Attorney's office. Let those two deal with it.

Day 1: You drop $1200.
Day 1.5: Atty writes City
Day 7: City answers with meeting date with your Atty.
Day 14: City and Atty meet briefly and exchange comments/documents
Day 28: You get letter informing you that the City/Police/Jail records have been updated to eliminate your data.
Day 29: You visit your brother in jail and tell him to watch out for Bubba (and that Thanksgiving will be without him this year.)

Nothing legally you can do as they made an honest mistake. It's likely not a huge case in their eyes and they took his statements as they normally do. You were not actually damaged.

 

[Heather2]

You were not actually damaged.

How can you say he was not damaged? He now has a record which will cause problems when he looks for employment. Plus the fact that he will either have to pay an attorney or file the paperwork himself (which also costs money) to get it expunged.

 

[exhausted1]

and thats exactly my point! many problems for me to deal with and i shouldnt have to pay a cent for the mistake the cities stupid police force makes for the second time when i told them last time my brother does this all the time.

any lawyers on here wanna help me sue a city? and thats NO JOKE!

 

[Ohiogal]

How can you say he was not damaged? He now has a record which will cause problems when he looks for employment. Plus the fact that he will either have to pay an attorney or file the paperwork himself (which also costs money) to get it expunged.

He has to prove damages. He doesn't have to get it expunged. He just has to get it corrected which is different. BB Wolfe was correct in what he responded. It was a mistake. The person OP should be ticked at is his brother who apparently is a non good miscreant.

 

[garrula lingua]

Any court which has a record of a conviction in your name, when it was your brother who was convicted, can issue a 'wrong person certificate' to you.

This is not the police's problem or fault - your brother did this. No cop can stand, in the field, and try to decide if this is the person who they say they are.

Fingerprints will, eventually, show who the defendant really is. The patrol cop is not a fingerprint expert, he will just arrest & book under the name the defendant gives. As someone is charged (name), so are they convicted, unless the error is caught in court and changed by an amendment. You are just going to have to get paperwork stating this is not you. Your bro's convictions may impact on your employment and your credit as well.

In CA, the 'innocent' brother has to agree to file felony charges of identity theft against the bad brother, before the 'system' can assist in clearing the record of the 'innocent' bro. That is also the best proof you can have that the convictions are not yours.

Your brother is the culprit here. Get ticked at him; file charges against him. You are, probably, going to have problems with your credit, as well - I'm sure he's used your ID to get credit as well (and, that won't be a cop's fault either).