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  1. #1
    Join Date
    Feb 2010
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    1

    Default Identity Theft

    My question involves criminal law for the state of: North Carolina


    Last week a friend of mine was arrested and served with a grand jury indictment. The charges were from early 1999 and included Identity Theft (gs 14-113.20), Obtaining Property by false pretenses (gs 14-100), and Obtaining ID using false info (gs 14-100.1). All three charges come from the NC DMV saying that he obtained a drivers license with his brother's information and my friend’s picture in 1999.

    The worst offense listed is the identity theft charge being a class G felony. From what I could find NC enacted the identity theft law on 12-1-1999 and it was specifically Financial Identity Theft. In 2005 the law was ratified to also list obtaining anything of value which would include a driver’s license. Would this charge violate any kind of ex post facto restrictions?

    He was also laid off from employment recently and is thinking of asking the Judge for a Public Defender. What are anyones opinions on Public Defenders vs Private Attornys?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Identity Theft

    You can look up the legislative history here. The original bill, as passed, stated "This act becomes effective December 1, 1999, and applies to offenses committed on or after that date.".

  3. #3
    Join Date
    Apr 2006
    Location
    NW of KSTL
    Posts
    2,554

    Default Re: Identity Theft

    Additionally, there's a plethora of Federal laws/statutes that have liberal, or no stipulation(s), on when they apply as to when the offense(s) occurred.

    Ya may count your blessings that no one has a burr under their saddle to pursue that avenue.

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