Quick Question regarding making a complaint vs. a police report

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Quick Question regarding making a complaint vs. a police report

If I go down to the Police Station and ask for a written complaint because someone used my identity illegally. Do I have to also press criminal charges? Will the police automatically press charges.

Asked on May 27, 2009 under Criminal Law, New York

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you go down to the police station you are acting in the capacity of a victim or complaining party.  It is your information/complaint that the police are acting on and would be relying on to investigate and determine whether there is probable cause to charge the person they find with a crime.  So, if you make a complaint, the idea is that the police will investigate.  I suggest that you press charges and ask that the police locate the thief.  In the meantime, you need to cancell your credit cards and put the banks on notice of the theft.  u can use the police report to justify not paying for charges that were incurred as a result of the fraud.  you should also contact the 3 majoy credit bureaus to let them know of the theft.  Make sure you follow up with the police as they are lazy and will not jump unless you light a match under thier feet... :)


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