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Felony conviction under false name

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GigiCoco

New member
FL

This is regarding using a false identity
If someone was charged, convicted of a felony (federal), sentenced and served the sentence using a false name, and it's never discovered, can they be charged with anything 20 years later?
 


Just Blue

Senior Member
FL

This is regarding using a false identity
If someone was charged, convicted of a felony (federal), sentenced and served the sentence using a false name, and it's never discovered, can they be charged with anything 20 years later?
Is this hypothetical/homework?
 

quincy

Senior Member
FL

This is regarding using a false identity
If someone was charged, convicted of a felony (federal), sentenced and served the sentence using a false name, and it's never discovered, can they be charged with anything 20 years later?
Yes. They could be charged "with anything" 20 years later.

But, quite frankly, a false identity would be hard to maintain, what with finger prints and DNA, so your imagined scenario is unlikely to ever happen.

I would work on a different plot line for your novel.
 

LdiJ

Senior Member
Yes. They could be charged "with anything" 20 years later.

But, quite frankly, a false identity would be hard to maintain, what with finger prints and DNA, so your imagined scenario is unlikely to ever happen.

I would work on a different plot line for your novel.
While that is absolutely true. 50 years ago it might not have been. 100 years ago they definitely could have gotten away with it.
 

FlyingRon

Senior Member
I would suspect that they'd be caught out before they went to trial on the first charge. Not just DNA, plain old fingerprints would be telling.
The statute of limitations on criminal false personation would be fairly short, but that doesn't mean the record wouldn't be corrected even if some misidentification occurred. Further, in order to maintain, things past the sol, you probably would need to continue the false personation, which would be a new crime each time.
 

LdiJ

Senior Member
I would suspect that they'd be caught out before they went to trial on the first charge. Not just DNA, plain old fingerprints would be telling.
The statute of limitations on criminal false personation would be fairly short, but that doesn't mean the record wouldn't be corrected even if some misidentification occurred. Further, in order to maintain, things past the sol, you probably would need to continue the false personation, which would be a new crime each time.
This is not criminal per se, but about 50 years my aunt was separated from her husband pending a divorce. Her husband had a mistress who was pregnant. He checked the pregnant mistress into the hospital when it came time for the baby to be born, as my aunt, so that his company insurance would cover it. My aunt's name was placed on that birth certificate. I have no idea if it was ever corrected either.

Something like that couldn't happen today, or a least would be nearly impossible. Too many things, ID, medical records etc., wouldn't match.
 

quincy

Senior Member
This is not criminal per se, but about 50 years my aunt was separated from her husband pending a divorce. Her husband had a mistress who was pregnant. He checked the pregnant mistress into the hospital when it came time for the baby to be born, as my aunt, so that his company insurance would cover it. My aunt's name was placed on that birth certificate. I have no idea if it was ever corrected either.

Something like that couldn't happen today, or a least would be nearly impossible. Too many things, ID, medical records etc., wouldn't match.
Birth records have always been easier to seal (or falsify).

But for criminal matters (the subject of this thread), it would have been unlikely to happen even 50 years ago.
 

not2cleverRed

Obvious Observer
FL

This is regarding using a false identity
If someone was charged, convicted of a felony (federal), sentenced and served the sentence using a false name, and it's never discovered, can they be charged with anything 20 years later?
If the "false identity" is a stolen identity, then that would be identity theft. The person whose identity was stolen could perhaps sue for damages -hard to quantify. But if they could show it had affected them financially - inability to get jobs as a result of background checks showing a conviction on their record, they might have a case. Unlikely if the ruse has been undetected for decades.

The "someone" cannot be recharged with the original felony that they have already been convicted and served time for under an assumed name. However, the records can be amended to clarify who the defendant was, real name and alias(es).
 
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Litigator22

Active Member
FL

This is regarding using a false identity
If someone was charged, convicted of a felony (federal), sentenced and served the sentence using a false name, and it's never discovered, can they be charged with anything 20 years later?
Yes! Most definitely! The "John Doe" perp can be re-arrested, re-charged, re-tried, re-convicted, re-sentenced and re-serve time for the same offense times the number of identities as "borrowed".

However, you may have some difficulty with correspondence. Try: "To whom it may concern."
(Ask silly questions and expect like answers, GigiCoco a/k/a dufusflumus!)
 

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