Falsely Accused of Identity Theft

**kyler.e** · 01-14-2009, 02:21 PM

My question involves criminal law for the state of: California
So here's the story. About 5 months ago a friend left a credit card at my house, (I always have lots of people over so this wasn't a smart move) and now he is accusing me of $150 worth of identity theft because his credit card was used to subscribe to a pornography site. The twist is that whoever used it used my email, address, and name, and that's what the bank gave him so now he thinks it's me. I believe I have been set up. I am a minor, so what would happen if he took it to court? I mean it should be his fault for being irresponsible and leaving it with me, and someone could easily put my email and name to make it seem like it was me. Maybe they could do a IP trace to see who's been using the site?
Thank you.

**LawResearcherMissy** · 01-14-2009, 03:03 PM

Maybe they could do a IP trace to see who's been using the site?

The site doesn't need to give that information up without a court order.

Something stinks in Denmark, though.

See, I had my debit card number stolen a few years ago, and the clown that got hold of it cleaned out my bank account to the tune of nearly a thousand dollars. The bank did not have access to the name or address of the person that goods were shipped to, cell phone service was established for or that porn was purchased by. Just the names of the merchants they used.

Upon contacting the merchants, I was told I could not have the name and address of the person who placed the orders without a court order. Privacy policies and such, and even with a court order, they'd turn it over to law enforcement, not to me.

And...five months ago, his credit card went missing and he never reported it lost?

So...

Get your parents involved immediately.

Consult with an attorney ASAP.

Avoid this clown like the plague.

**kyler.e** · 01-14-2009, 03:20 PM

So pretty much there's no way of finding out who really did this through IP traces?
But what I wanted to know is that if he took me to court would I be charged since my name and email is on the account?
Even though someone else put it there?

**LawResearcherMissy** · 01-14-2009, 03:23 PM

Not without a court order, no.

**kyler.e** · 01-14-2009, 03:36 PM

Well if it went to court do you think they would get an order to do an IP trace? And if they didn't get a court order, would I be charged with anything since my name is on the account?

**LawResearcherMissy** · 01-14-2009, 04:03 PM

Sugar, did you read my original response?

I don't think your "friend" is on the level. There's something fishy.

If you want to keep your backside well covered, you need to do what I told you to do: tell your parents, talk to an attorney, and stop talking to your "friend".

If he files charges and you land in court, your attorney will insist on an IP trace. But you're jumping the gun. Go talk to your parents about getting a consultation with an attorney ASAP.