Should I get a lawyer if I’ve been mistakenly cited as a different person?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Should I get a lawyer if I’ve been mistakenly cited as a different person?
I received a citation in the mail for permitting an unlicensed driver to operate a vehicle that I have never owned, with an address that I have never lived at. After calling and speaking with the officer about it, he told me that I came up in search results as the closest match to the description given by the driver, but now that he has verified in the system that I don’t own the vehicle, he would make some calls and the case should be thrown out. He also advised me to plead not guilty in the meantime. I have absolutely no connection to the vehicle, the driver, or the owner of the vehicle, and the only reason I was involved was because my name is very similar to that of the vehicle owner. I sent in the not guilty plea, trusting that the matter would be resolved as it is very easy to verify that I have nothing to do with this incident. Should I still be concerned? Will I have to go to court to prove it was big mix-up, and will I need a lawyer? Thank you in advance.
Asked on April 28, 2016 under General Practice, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Yes, you will very likely have to go to court and prove this (e.g. with proof of your identify; evidence or proof that you own different cars than the one cited; etc.)--the court does not usually simply accept someone writing in and saying "oh, that wasn't me," for obvious reasons. And the burden of raising this affirmative defense--mistaken identity--is on you: don't count on the court or prosecutor doing your job for you, to prove that it's not you. Proving it's not you is your responsibility. You legally are allowed to do this on your own, but a lawyer--someone familiar with the rules and procedures--would absolutely help.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.