QUESTION
What happens with an arrest for felony identity theft?
Asked on Apr 20th, 2011 on Criminal Law - Connecticut
More details to this question:
I was arrested in Nov 10 for identity theft. As of now I havent been charged with anything. Today I looked at the public records and the arrest has disappeared. Where does it go? Does that mean they are getting ready to charge me?
17 ANSWERS
You will need to talk to an attorney in the county where this happened to know exactly what is going on.
Answered on Jul 11th, 2013 at 11:56 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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If you were arrested then you were charged. Felonies do not just “disappear.” You need to retain counsel.
Answered on May 09th, 2011 at 4:00 PM
Personal Injury Attorney serving New Orleans, LA
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Bloom Legal LLC
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There is no reason that the arrest records would disappear if you are going to be charged. It would seem that if you have not yet been charged form an arrest in November of last year that it is unlikely that charges are actually being filed against you.
This is not something to take chances on though, so you are advised to hire a defense attorney to pursue the matter in depth for you to determine the actual status of your case and whether or not the charges are being accepted by the prosecuting attorney or court. If you are interested in hiring an attorney to assist you with this matter in Louisiana, we invite you to contact our firm at the information on this page for a free case evaluation.
Answered on Apr 24th, 2011 at 5:51 PM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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It is very likely still at the police department and has been sent to the county attorney's office. There is little for you to do other than stay out of trouble and do not discuss with anyone.
Answered on Apr 24th, 2011 at 5:49 PM
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You are out on a felony warrant. That warrant and the rest of your case has most likely been transferred to the district attorney in your county. They are going to, in the near future, prosecute you for a felony. Do not make the mistake that it is just going go away.
Answered on Apr 22nd, 2011 at 5:24 PM
The police provide a report to the prosecutor and the prosecutor decides of there is a sufficient case to charge you. If so a warrant would be issued for your arrest. Identity theft is a felony.
Answered on Apr 22nd, 2011 at 5:11 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Gabriel Dorman
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It is hard to really say what is going on with your case without more information. Naturally, you are concerned so the best advice I can give you is to hire an experienced criminal defense attorney to represent you and let them do some digging to see where things are at with your case. This will give you both the answers you are looking for and, hopefully, some peace of mind. I hope this answer was helpful. Good luck.
Answered on Apr 22nd, 2011 at 4:48 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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An arrest really isn't something that appears on a public record. Criminal charges do however. The delay could mean a number of things. Perhaps the prosecutor felt there was not sufficient evidence to charge you with anything, they may be still conducting the investigation and holding off on charges until they have more evidence, or the office could just be very busy and haven't gotten around to filing the charges yet. When and if that does occur, you definitely need to have an experience criminal lawyer representing you.
Answered on Apr 22nd, 2011 at 2:52 PM
Criminal Law Attorney serving Los Angeles, CA
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The Law Offices of Lawrence Wolf
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It can mean many things. Best to try and stop it. Give us a call.
Answered on Apr 22nd, 2011 at 2:50 PM
Criminal Defense Attorney serving Bloomfield Hills, MI
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Law Offices of Marshall S. Tauber
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There are many reasons that public arrest records are withdrawn. All answers would be based upon mere speculation without knowing more. Maybe there were insufficient facts to support issuing the charge warrant or, maybe just the opposite. Any answer is only a guess.
Answered on Apr 22nd, 2011 at 2:37 PM
Litigation Attorney serving Kalispell, MT
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Law Offices of Scott G. Hilderman PC
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If you were arrested there would need to be an arrest warrant. In order for police to get an arrest warrant, they would have to file charges against you. After you were arrested you would need to see a judge or bond out with a date to appear and see a judge. It doesn't sound like any of that occurred.
I'm also not sure what record data base you were looking at. You would need to call the court where you were charged and see if there has been a case filed or see your NCIC report which is difficult to get. Your situation is a bit confusing given the information that you have provided. Were you just detained for questioning?
Answered on Apr 22nd, 2011 at 2:21 PM
Criminal Attorney serving Bellingham, WA
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Andrew Subin Attorney at Law
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I'm not sure how long they keep arrest records up. Were you looking on a website? The fact that you have not yet received a summons is a good thing. No news is good news for you on this right now.
However, you should keep in mind that they can still charge you in the future if they have sufficient evidence that you committed identity theft. It may be that they are still investigating the case. If you are contacted by the police, do not make any statements tell them you want to speak to an attorney. Please feel free to call with any additional questions or to schedule a free consultation.
Answered on Apr 22nd, 2011 at 1:52 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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What happens? Prosecution.
Only the DA knows what they intend to do. They have up to several years to file charges on a felony. No attorney can predict the charges or the outcome of the case, nor even give an intelligent opinion, without reviewing and knowing all the charges, facts, evidence, documents, reports, testimony, etc. You arent there yet.
When charged with a felony, you potentially face one or more years in prison if convicted; on a misdemeanor, you potentially face up to 6-12 months in jail on each count. Multiple counts and charges just make your situation worse, of course. If you have priors, they are penalty enhancements under the 3 Strikes rules. If this constitutes a probation or parole violation, factor those new and old charge[s] in as well.
However, effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail, or at least dramatically reduce it, depending upon all the facts and evidence. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction or other decent outcome through plea bargain, or take it to trial. If serious about hiring counsel, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be. Your attorney could contact the police and prosecutor to see what is going on at least.
Answered on Apr 22nd, 2011 at 11:36 AM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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They may have decided not to charge or they are very far behind (quite comon). DoNOT contact them - you will only get someone looking at it and asking why it hasn't been charged. You should get a letter but check the public record frequently. If you do get something write me at below email.
Answered on Apr 22nd, 2011 at 11:36 AM
Theodore W. Robinson
It's difficult to know what it means yet. The DA has up to five years with the statute of limitations to charge you, but in reality, that's unlikely to happen. If it goes another six months, you may then be in the clear. However, in the meantime, they may be further investigating to see if they wish to charge you with more than they presently have on you. Consult with an experienced criminal defense attorney as soon as possible to learn more. Good luck.
Answered on Apr 22nd, 2011 at 11:10 AM
Nothing that you mentioned can be taken as an indication that you are being charged. More information is needed to determine whether charges will likely be filed against you. Typically, an arrestee will be given a date to appear in court before they are released from jail. If you would like more information about the status of your case, please contact our office for a free case evaluation.
Answered on Apr 22nd, 2011 at 9:29 AM
Kevin Michael Smith
You would have to provide more information in order for me to provide a competent answer. What do you mean by "I looked at the public records"? Typically, an arrest would generate a case and docket number at the courthouse in a state case, and so you may be referring to the state judicial website.
Answered on Apr 22nd, 2011 at 9:14 AM