Legal Question in Criminal Law in Michigan

I have the same name as my dad and he broke the law, they got our names mixed up and now they are trying to charge me with something I didn't do. How do I fix this without having to do jail time?


Asked on 1/11/10, 12:51 pm

2 Answers from Attorneys

William Morrison Action Defense Center

How about getting your Dad to do the right thing. If he doesn't you can always rat him out.

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Answered on 1/16/10, 6:53 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

If the first lawyer's suggestion doesn't work ... What is the crime? Were there witnesses (including police officers who had contact with the REAL defendant) who could tell you and your dad apart, etc? If this was a traffic offense, the cop could likely tell the two of you apart, and other descriptions by the cop like approximate AGE, and height and weight, etc might distinguish you from him. Also, if your dad got arrested, there'd be booking information and a mug shot at the jail that would probably show WhoDoneIt. Talk to your lawyer about demanding a line-up to see if witnesses identify you. Also, where were you when this all happened? You might have an alibi. Also, has your dad done this before (used your name / date of birth) to avoid trouble? You could use that evidence to great reasonable doubt if you are charged. Etc.

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Answered on 1/20/10, 6:50 am


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