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  1. #1
    Join Date
    Nov 2009
    Location
    Annapolis MD
    Posts
    2

    Question Misdemeanor and Felony Theft in Maryland

    My question involves criminal law for the state of: MARYLAND.
    Trying to keep this as short as possible.I am a 30 year old woman,mother of 5. I have NEVER been arrested,never so much as a parking ticket. I am a FT student. After completing a Certificate program in 2007 I went to work for a laboratory. Seeking a promotion I applied to another company,at which time a background check was performed. I was informed I had an active warrant in MD Judiciary and that I was unemployable. In addition to being shocked and humiliated I was terrified at the news. How can I have a warrant out on me for a crime I did not commit or even have knowledge of ? I requested a print-out of the findings. The warrant is two years old and was for probable cause of theft. There are 16, yes I said 16 charges which are 6 charges of Theft under $100, 9 charges of Theft over $500 and 1 charge that reads "Theft scheme 500+ " I DID NOT COMMIT THESE CRIMES. I have lived at the same address for 8 years and NO ONE has attempted to contact me via mail,phone nor in person at ANYTIME regarding this warrant,which again is two years old. I am terrified that if I can be charged with something I had no involvement in/knowledge of that the state may be able to send me to jail for the same. I believe I have been the victim of identity theft for many valid reasons. I have contemplated going to the police but am afraid I have no way to clear myself. I think someone is using my name and social to both live and be employed as well as to establish credit. In 2008 I received a W2 form with my name on it for a place I've never worked and my credit report is enough to ruin my chances at securing student loans now. This is ruining my life. Both my education and employment are Health care related and our backgrounds have to be clean. The fact that someone is destroying my credit is hurting me for educational funding. I seek detailed advice and have a few questions...
    1. Is the burden on the state to prove I'm guilty or on me to prove I'm not?
    2. Am I going to have to find the person that stole my identity before this will be over?
    3. Will this person be forced to fix my credit?
    4. Will the states Attorney give me a note or some document once this is cleared up that clears my name and can be used to show my school and employer that I was a victim of identity theft and am a trustworthy person?
    5. My credit was unestablished before this and despite my best efforts I couldn't get anyone to be my "first" lender and extend me ANY type of credit so How the Hell did this person get what I couldn't even manage to get?
    6. What can I possibly provide to prove my innocence?
    7.Do I sue the state or the thief for recovery of my attorney fees and related expenses? (Because the state is bringing these charges on me)
    8. What would you do,Where would you start and Would you be afraid?
    ANY advice GREATLY appreciated.

  2. #2
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Misdemeanor and Felony Theft in Maryland

    I'm not a lawyer.

    First, I would start getting a complete credit report from one of those big companies that does those. Equifax I believe is one.

    Second, any credit cards or bank accounts....go over everything thoroughly.

    I would also ask for a set of records from your old employer, and hope a copy of a background check is included in it.

    As for police vs lawyer....I would hope one of the more knowledgeable people here would answer.

    PS: Regarding that W2 for the company you never worked for, did you keep it, by any chance?

  3. #3
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Misdemeanor and Felony Theft in Maryland

    If you have absolutely NO idea what they are talking about, even any remote incident, then you were probably an identity theft victim, call the police, make a report. That is your starting point.

  4. #4
    Join Date
    Nov 2009
    Location
    Annapolis MD
    Posts
    2

    Default Re: Misdemeanor and Felony Theft in Maryland

    Quote Quoting PandorasBox
    View Post
    I'm not a lawyer.

    First, I would start getting a complete credit report from one of those big companies that does those. Equifax I believe is one.

    Second, any credit cards or bank accounts....go over everything thoroughly.

    I would also ask for a set of records from your old employer, and hope a copy of a background check is included in it.

    As for police vs lawyer....I would hope one of the more knowledgeable people here would answer.

    PS: Regarding that W2 for the company you never worked for, did you keep it, by any chance?
    Thank you so much for replying. I have a copy of my report. I obtained one the day after I was turned down for employment ( 10/22/09 ). I went from having NO credit to just over $18,000. in debt. I started by phoning the creditors and the collection agencies on my report,not only were they not of any help but they were abusive and accusatory in tone and did not want to be of aid,all they wanted was to know when they were going to get paid.There was one lady from one collection agency,bless her that actually listened and placed some kind of note on the account and asked me to phone back when and if I had more information but that was the ONLY time I got that reaction.The overall attitude was that I was just trying to get out of paying "my" debt.
    There were quite a few inquiries on my report that I am very upset and worried about as well such as a few inquiries from car dealerships and other places that deal in large ticket items. I want to know when this started,where this started and who is doing this to me. I can only make educated guesses and assume this happened as a result of losing my wallet on campus but that's a bold guess in my opinion as that was quite some time before the earliest charge off on my credit report.

    My previous employer did perform a background check. I was a phlebotomist and a pharmacy tech at the time and both professions require a clean record.
    It was after I completed my BSN and went for an RN position that I was informed of the warrant. They take theft very seriously in the medical profession as our equipment,medications and even Rx pads are desirable things to dishonest people. Hospitals don't hire people with drug or theft convictions. Which,if I don't get this cleared up has the ability to ruin my life and threaten my career alike.

    As for the W2 indeed I kept it. I didn't even file my taxes that year because I didn't know what was going on or how to fix that situation. My tax preparer suggested I contact that employer to fix the issue,I attempted to but because I could not provide the employer with an employee number nor could I fax a paystub or provide information about which location I "was employed" at they could not give me any information. I told them I had no such info as I am an identity theft victim they told me they had never had that situation before and did not know how to respond. I was told I'd be contacted by someone else in the company and never was. I have not since received any mail addressed to myself of that nature since. I'm assuming that it was an oversight on behalf of whomever is doing this and that they have since "corrected" the address to wherever they are now receiving credit cards,
    W2 forms and anything else they are benefiting from at my expense.
    I have also contacted Social Security as well as a national 800 # for identity theft. I am trying to amass proof so that when I go to the police they won't detain me. I am scared of that more than anything. I cannot afford a lawyer as I am now unemployed over this and I am a mother of 5 small children
    (11,9,8,2 and 3 months) I am the only parent,they need me and I cannot afford bail.
    With respect to going over bank accounts and credit cards...I had NO established credit so I had no cards to cancel when my wallet was stolen.
    My check card from my bank was password/pin protected so I suffered no losses there I simply called and canceled.

    Quote Quoting BOR
    View Post
    If you have absolutely NO idea what they are talking about, even any remote incident, then you were probably an identity theft victim, call the police, make a report. That is your starting point.

    If I get the local authorities involved with little or no proof to support my innocence wouldn't I then be arrested on the spot? That's what I am concerned about. I'm sure with one felony and that number of misdemeanors I'd be held on bail and I have no money as a result of losing my job. I cannot afford an attorney. I feel as though these charges require a private attorney as public defenders in my state are hideously overworked.I felt initially as though I'd do my own investigating and try to find this person and go to the police when I had something to clear me,but as time goes on I am getting less optimistic. I believe everything but the theft scheme has a statute of limitations on it.Letting the statutes run out isn't a solve all either as this can happen again if the person responsible is not caught. I'm disgusted and appalled at the ease with which a person can steal my identity and destroy my life....and can send me to jail while they go on living my life. There has to be something I can do short of turning myself in and sitting in jail indefinitely for a crime I did not commit.Thanks again to all that took the time to reply.

  5. #5
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Misdemeanor and Felony Theft in Maryland

    Get a consultation with a criminal lawyer, many offer free consultations.

    Myself: I would go to the police asap, because the longer you wait, the more this ID Thief is going to do.

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