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  1. #1
    Join Date
    Mar 2013
    Posts
    1

    Default Caught With Drugs, Gave the Police Somebody Else's ID

    My question involves criminal law for the state of: New York

    Hello I recently got arrested in New York for drug possession at a bar. I am only twenty years old so therefore I was not allowed into the bar without an ID so my friend who looks like me let me borrow his ID. I was intoxicated and didn't remember any of the booking process at all. They booked me under my friend's ID who vaguely resembles me. What options do I have right now? Please HELP! I need to clear my friends name and make sure they have me under the arrest.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Mistaken Identity

    have you thought of calling them and letting them know that you were illegally using your friend's ID and you were booked under his name?

  3. #3
    Join Date
    Apr 2006
    Posts
    641

    Default Re: Mistaken Identity

    Quote Quoting Swift
    View Post
    My question involves criminal law for the state of: New York

    Hello I recently got arrested in New York for drug possession at a bar. I am only twenty years old so therefore I was not allowed into the bar without an ID so my friend who looks like me let me borrow his ID. I was intoxicated and didn't remember any of the booking process at all. They booked me under my friend's ID who vaguely resembles me. What options do I have right now? Please HELP! I need to clear my friends name and make sure they have me under the arrest.
    There are two ways of resolving this. The first and most ethical one is to get a lawyer and fess up. Only do this with a lawyer bc you are looking at a ton of different charges.

    The other is have your friend go to court. The state has to prove it was him. He is innocent until proven guilty. The cops won't be able to ID him as the subject. In addition if he has an alibi, he can present that in court. If it wasn't him, charges dropped and the cops are looking for the person who stole his identity. Your friend is under no obligation to help them find out who did this.

    If you don't resolve this, he could have warrant out for his arrest.

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Mistaken Identity

    Quote Quoting bam!
    View Post
    There are two ways of resolving this. The first and most ethical one is to get a lawyer and fess up. Only do this with a lawyer bc you are looking at a ton of different charges.

    The other is have your friend go to court. The state has to prove it was him. He is innocent until proven guilty. The cops won't be able to ID him as the subject. In addition if he has an alibi, he can present that in court. If it wasn't him, charges dropped and the cops are looking for the person who stole his identity. Your friend is under no obligation to help them find out who did this.

    If you don't resolve this, he could have warrant out for his arrest.
    Well since it is apparent the "friend" did not replace his ID or report it stolen, he gave it to another person to use. That will be the first charge. Obstruction will be the second.

  5. #5
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Mistaken Identity

    Understand that your friend will eventually, and relatively easily prove that is was not him. You were finger printed at booking, not him. If NY operates anyway near the way CHI does, you are given a specific number assigned to you based by your fingerprint. If your friend is caught and taken into custody, once the fingerprint him, they'll see that he is not the one that was arrested that night. At which time, he'll probably stump his brain for a few seconds and come up with you used his identification. Now, you'll face additional charges for obstruction of justice, presentation of a false ID, identity theft and maybe a few others because you are pissing people off. I'd fess up and clear this before it gets unecessarily bigger.

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