What happens when someone uses your name upon being arrested and now there is a bench warrant for your arrest?

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What happens when someone uses your name upon being arrested and now there is a bench warrant for your arrest?

My sister used my name upon being arrested and now the county is trying to tell me the only way to clear my name is to turn myself in, be put in a holding cell, and wait to see a judge to prove my innocence. What kind of lawyer should I hire?

Asked on July 25, 2011 New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You should first consult with a criminal lawyer about your sister using your name upon being arrested and that there is presently a bench warrant out for your arrest. The  criminal defense lawyer needs to make the appropriate motion or court appearance for you to clear the arrest warrant as well as clear up the arrest in your name as opposed to your sister's name.

You do not want to turn yourself in for something you did not do and then get booked, finger printed, photographed and placed in a holding cell. You would then have to get bail to be released or come up with your own money for release. Afterwards, you would then have to incur attorneys fees to correct your "arrest" for your sister using your name upon arrest instead of hers.


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