What happens if I file charges against my mother for ID theft?

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What happens if I file charges against my mother for ID theft?

About a year and a half ago my mom took out a loan in my name, to pay my tuition she said she’d pay but couldn’t because she was unemployed and lying about it. She chose an “iron-clad” contract to which I can make no changes and had all of the bills sent to her but neglected to pay any of them for about 6 months before I found out via a credit check. She is now working again, sober for the first time in decades. If I press charges what will happen to her? Will it be less severe if she cooperates? And how can I prevent her from being able to do this in the future? She did it to my dad, too.

Asked on January 13, 2012 under Criminal Law, District of Columbia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you want to make a police report with respect to your mother and possible fraud with respect to yourself, law enforcement will take the information and forward it to the district attorney's office for possible filing of criminal charges.

You need to be aware that the district attorney's office does not always file a criminal complaint in every grievance that a person submits to law enforcement. In your situation, the district attorney's office may deem the matter a civil issue and not want to file criminal charges.

There is a possibility that a criminal matter could be asserted against you mother concerning the circumstances that you are writing about. If so, then she will have to appear in court and give an answer. Possibly a settlement agreement may result where restitution is ordered as to you and she enters some sort of a plea to the charges that could be filed against her.

Usually the suggested penalty is reduced if the accused cooperates. There is nothing that you can do to prevent your mother from doing wrongful conduct. She is an adult.


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