Is this hypothetical/homework?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.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?
While that is absolutely true. 50 years ago it might not have been. 100 years ago they definitely could have gotten away with it.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.
Maybe.While that is absolutely true. 50 years ago it might not have been. 100 years ago they definitely could have gotten away with it.
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.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.
Birth records have always been easier to seal (or falsify).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.
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.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".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?