What happens if I file charges against my mother for ID theft?

UPDATED: Jan 13, 2012

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What happens if I file charges against my mother for ID theft?

About a year and a half ago my mom took out a loan in my name, to pay my tuition she said she’d pay but couldn’t because she was unemployed and lying about it. She chose an “iron-clad” contract to which I can make no changes and had all of the bills sent to her but neglected to pay any of them for about 6 months before I found out via a credit check. She is now working again, sober for the first time in decades. If I press charges what will happen to her? Will it be less severe if she cooperates? And how can I prevent her from being able to do this in the future? She did it to my dad, too.

Asked on January 13, 2012 under Criminal Law, District of Columbia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you want to make a police report with respect to your mother and possible fraud with respect to yourself, law enforcement will take the information and forward it to the district attorney's office for possible filing of criminal charges.

You need to be aware that the district attorney's office does not always file a criminal complaint in every grievance that a person submits to law enforcement. In your situation, the district attorney's office may deem the matter a civil issue and not want to file criminal charges.

There is a possibility that a criminal matter could be asserted against you mother concerning the circumstances that you are writing about. If so, then she will have to appear in court and give an answer. Possibly a settlement agreement may result where restitution is ordered as to you and she enters some sort of a plea to the charges that could be filed against her.

Usually the suggested penalty is reduced if the accused cooperates. There is nothing that you can do to prevent your mother from doing wrongful conduct. She is an adult.

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.

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