What to do when someone uses your identity during an arrest?

UPDATED: Sep 30, 2022

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What to do when someone uses your identity during an arrest?

I received a court summons in the mail for an prostitution arrest that I don’t know anything about. Apparently someone used my name during this arrest. I contacted the arresting officer and he was

not helpful at all on what steps to take. I’m not sure what to do other than going to court.

Asked on June 23, 2017 under Criminal Law, South Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

That is what you do: appear in court, with idenfication and proof of where you live, tell the prosecutor that was *not* you. They may call in the arresting officer to look at you and confirm you were not the correct person. Also bring with you any evidence you may have showing it *couldn't* have been you--e.g. that you were elsewhere on the date the offense allegedly took place.

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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