Upate page 3:LONG:Need Legal Advice, or any kind of advice would be welcome!!

[TeresaNJ]

Let me apologize up front, as this will be long.

A little background first off. My sons were friends for a very long time with Thomas, from the time they were 6 years old, they are now 25 & 26. Thomas was being raised by his grandparents; his mother was a drug addict and no one knew who his father was. As a child, Thomas was always getting into some kind of trouble, but more of the mischevious type of things. The kid never sat still, always hyper, and was a real handful for his grandparents. They lived across the street from us. Thomas always had to have the newest sneakers, video game, etc. first. If my sons mentioned they were getting "Air Jordans" on Friday, Thomas got them on Thursday.

Although he was quite a handful, I always felt sorry for him and tried to make him feel like our home was his second home. I never judged him, just tried to make sure he knew he was welcome. We would even take him on vacation with us. All throughout middle school and high school, he was getting in trouble for one thing or another, cutting classes, smoking in the bathroom, stuff like that. My boys and him drifted further and further apart, but still kept in some contact. At this point we had moved, but only a few minutes away. Months would go by and we wouldn't see Thomas, then he'd show up. In high school he got involved with the wrong crowd, drugs, etc.

A few years ago Thomas got the crap beat out of him at a party. He is lucky he didn't get killed. As it was he had broken front teeth, fractured orbits, broken nose. He showed up at my house as he was afraid to go to his grandparents who had pretty much cut him off at this point. He was truly unrecognizable with all his injuries. My oldest son, being the softie that he is, was beside himself that his boyhood friend was suffering. I took him to the ER, gave him some money to go to an oral surgeon, and made him call his grandparents.

About a year ago, my oldest son got a summons in the mail for a speeding and failure to produce a license, and not showing up in court. My son doesn't drive. He has a severe anxiety disorder that mostly manifests itself when driving. He hasn't driven in at least 4 years. We immediately knew it was Thomas, as he is the only one who would know my son's birthdate. Funny thing is that Thomas gave the police officer our old address which we haven't lived at for 8 years, but my ex still lives there. The other thing is that it was addressed with the WRONG address. Our township did a rezoning 12 years ago, and the addressed changed from 10 Lincoln Ct to 119 Lincoln Drive. The summons was addressed to 10 Lincoln Ct, but was still delivered. Again, Thomas would have remembered the original address.

Of course, my son was beside himself. On top of all his anxiety he absolutely did not need this. Plus he felt totally betrayed. My husband had to take him to court, the cop looked at him and said, nope, isn't him, and it was over. We were outraged that any Joe Schmoe could give someone's name without any proof and you could be dragged into court.

Well, guess what? It happened again. My son goes to his dad's yesterday with his girlfriend to watch the Oscar's, and there is another summons, again addressed to 10 Catherine Court. This time though it is for "prowling" in a VERY, VERY bad area of a VERY, VERY bad city about 30 minutes from where we live. Apparently it is in a drug-infested area. The summons is for not showing up in court, and if he doesn't show up again on March 27th, he can be arrested, driving privileges suspended, etc. My son called me at work extremely upset. He wants to sue Thomas, the arresting police officer, everyone. He even wants to change his name.

He was just starting to get a little better with his anxiety, even was thinking about renewing his driver's license, it expired two years ago. He hasn't been on a Disney vacation with us in four years due to his anxiety about being in unfamiliar places. Now this. He is beside himself. His concerns are how on earth can he protect himself. What if Thomas uses his name when he does something really bad? What if we were living in another state and had to traipse back here to go to court every time Thomas does this?

Okay, after all this information, what I really want to know is:

1. Can we sue someone? The police officer who does the arresting/ticketing without verifying who the person really is?

2. Should my son change his last name?

3. Anyone have any legal advice?

By the way, Thomas did admit to my son about doing it the first time. He said he would have had to go to jail if he had one more offense. He ended up spending some time in jail anyway, and threatened my son that he was going to send some of his "friends" after him.:

 

[mickeyfan2]

My only advise it so get a good lawyer now.

 

[The Mystery Machine]

Heck, I don't know. I don't see how "suing" will help. Sue for what? Civil case perhaps. Of course this kid won't show and then what?

I would start with the police and perhaps he can be charged with something. Not only that but how are poilce incorrectly identifying him??
hmmmm...

Geesh, I hope you get some answers for your son.

 

[VSL]

How awful - especially after you and your family treated him so well!
No advice, just

 

[Disney1fan2002]

This is a scary post.

How is it, someone can be out there breaking the law, and giving someone else's name and address, the police do not confirm this? Gee, a criminal creating an alias, that is a new concept.

I would think your son could press charges for assuming his identity. I would call a lawyer, and let the lawyer handle the police. I would also want to know if your son has a mug shot (with Thomas' face) or if their are warrants out for him.

 

[TeresaNJ]

I just made an appointment with a very good legal firm for Friday morning. My guess is that the police are identifying Thomas just by what Thomas is telling them, my son's name, birthdate, and our old address. Apparently he wasn't driving this time, just "prowling", whatever the heck that means, but that's what the summons says. The legal secretary I spoke to said it sounds like identity theft, and could Thomas have a copy of my son's driver's license. I told her that my son's license expired two years ago, plus it has our NEW address on it, so it has to be just word of mouth. I can't believe anyone could give someone's name and birthdate, and that is enough to issue a warrant on. I shudder to think what could happen if somehow the summons got lost in the mail, we wouldn't know anything about it, and then my son could get arrested for an outstanding warrant.

As far as the suing, I've never sued anyone in my life, and don't think we could sue Thomas, as how can we even prove it was him, but what about the county issuing the ticket/summons without any proof. As I said, my son is already a very anxious person, this is causing him TONS of distress, not to mention myself. Really, all we want is for it to stop. I really think we may have to legally change my son's last name.

 

[Disney Doll]

Who are you going to sue and for what?

Thomas, who probably has nothing? A police officer who arrests him? Why would you expect the police officer to "know" who Thomas is vs. your son? And it seems like when Thomas uses your son's name, and he speaks to the authorities, that it all gets straightened out. I realize that your reaction is based on concern for oyur son's fragile mental state, but suing probably isn't the answer. So you sue the cop who arrests Thomas and gets false info? Are you going to do that every single time this happens? Because obviously it will happen again.

It would seem to me that you should talk to an attorney or a judge or someone in the legal system who can advise you if there is a way to "notate" that if they arrest someone who gives the name "Joe Smith" (your son's name) that's it's probably not "Joe Smith" but it's "Thomas Jones".

Good luck with this situation.

 

[TeresaNJ]

My son has never been in any trouble. Never arrested, never been a problem in school. His only fault is that he has been too good a friend. I guess my fault too for bailing Thomas out before. Now my son is afraid that what if Thomas does show up here with his thug friends out of retaliation, should they be able to prove it was Thomas again.

I feel so bad for my son. I mean, he is 26, has been battling severe anxiety since he was in high school, only goes out with "safe" people to "safe" places, such as the movies, to his dad's, my brother's house, and that is about it. For awhile I was scared he was becoming agoraphobic. He is just now starting to make some advances. Thankfully he has some really GOOD friends who understand his condition. His brother, who is 17 months younger is also a good support person.

I'm just scared to death that amazed that based on someone giving a name and birthdate that this could happen, and TWICE at that, all within a year. When we went to court the last time, which was in our township, the police were like "oh, well, sorry". They really couldn't be bothered. They have much bigger fish to fry, who cares that my son is going through more mental anguish. Now we have to go to Camden, NJ. Anyone know where that is? Trust me, you don't want to go there. I'm so upset. I'm hoping the lawyer will be able to deal with this without us having to go to court.

 

[TeresaNJ]

One other thing about suing, since this is probably going to cost quite a bit, I'd like to get legal fees paid by the township issuing the ticket/summons, but I highly doubt that is going to happen. I'm just grateful I have the funds to get a lawyer. I feel sorry for the poor person who has no money to get a lawyer should this happen to them.

 

[TeresaNJ]

Disney Doll, I expect the police officer to know who he is ticketing, especially if the person doesn't produce identity, especially in a drug-infested area obviously looking to buy drugs. They should have hauled his butt into the station, finger printed him and then ID'd him, as I'm sure his prints are in the system. So yes, I do expect them to know. Your advice is good, maybe they can do something to flag my son's name. I'll let you all know what the lawyer says.

 

[disneynutt1225]

Going on the identity theft idea, you might want to have your son check his credit reports from all three bureaus. If this Thomas character has gotten away with misrepresenting himself to police, I shudder to think of what harm he could do to your son's credit record.

 

[poohandwendy]

I'm just scared to death that amazed that based on someone giving a name and birthdate that this could happen, and TWICE at that, all within a year.

Actually, this time, Thomas may have produced a fake drivers license with your sons info on it and Thomas's picture.

I am not sure suing will do you any good at all, to be honest. Most likely, the police are protected by the law. Something to look into.

I really feel for you and your son, what a crumby thing to do to a former friend. Wow, people are just amazing.

It will eventually catch up to Thomas.

 

[TeresaNJ]

Actually, this time, Thomas may have produced a fake drivers license with your sons info on it and Thomas's picture.

I am not sure suing will do you any good at all, to be honest. Most likely, the police are protected by the law. Something to look into.

I really feel for you and your son, what a crumby thing to do to a former friend. Wow, people are just amazing.

It will eventually catch up to Thomas.

I could believe that poohandwendy if the fake was shown at a bar or something like that, but don't the police have to call it in when they issue a ticket? My son doesn't have a driver's license, so when it was called in it would show that, wouldn't it? Say for instance the license has Thomas' picture but my son's name and address, first off, the address is wrong, and my son's expired license has our new address on it, the numbers wouldn't match up at all. This isn't an underage kid trying to get liquor at a bar using a fake license. If he wasn't producing it to a cop it would HAVE to show up as fake.

 

[Kramer]

Disney Doll, I expect the police officer to know who he is ticketing, especially if the person doesn't produce identity, especially in a drug-infested area obviously looking to buy drugs. They should have hauled his butt into the station, finger printed him and then ID'd him, as I'm sure his prints are in the system. So yes, I do expect them to know. Your advice is good, maybe they can do something to flag my son's name. I'll let you all know what the lawyer says.

Uh... there is something called the CONSTITUTION and you just can't arrest someone and finger print them because they don't have ID with them.

It stinks that that someone is using your son's name, but its not the fault of the police. I can just imagine your post if the police arrested and finger printed YOUR son just because he forgot his ID one day.

You should make a police report for identity theft and then take the report to the Motor Vehicle Bureau in your state. They can issue a new identification number for your son and flag the old license as a stolen identity. This would be far more effective than running around suing the police for no reason.

 

[poohandwendy]

I could believe that poohandwendy if the fake was shown at a bar or something like that, but don't the police have to call it in when they issue a ticket? My son doesn't have a driver's license, so when it was called in it would show that, wouldn't it? Say for instance the license has Thomas' picture but my son's name and address, first off, the address is wrong, and my son's expired license has our new address on it, the numbers wouldn't match up at all. This isn't an underage kid trying to get liquor at a bar using a fake license. If he wasn't producing it to a cop it would HAVE to show up as fake.

I thought you said it was issued for prowling, which would not be a driving offense. So, it may be that they don't have to 'call it in'. I don't know. I would speak to an atty about it regardless. It's important to find out exactly what the responsibility the officer had before deciding to sue, or you will be wasting your money.

 

[Kramer]

I could believe that poohandwendy if the fake was shown at a bar or something like that, but don't the police have to call it in when they issue a ticket?

No.

My son doesn't have a driver's license, so when it was called in it would show that, wouldn't it? Say for instance the license has Thomas' picture but my son's name and address, first off, the address is wrong, and my son's expired license has our new address on it, the numbers wouldn't match up at all.

As long as "Thomas" knows your son's name and date of birth it will be difficult for the police to determine he is using someone else's information. The address thing would be a tip off, but people move all the time and they don't always notify DMV of the change so its common for people to live at an address different from the one on their license.

Again.. make a police report and then report the identity theft to DMV.

 

[Kramer]

This time though it is for "prowling" in a VERY, VERY bad area of a VERY, VERY bad city about 30 minutes from where we live. Apparently it is in a drug-infested area.

I'm guessing you live in NJ. There is no motor vehicle statute in NJ that in anyway resembles "prowling".

There is a CRIMINAL charge for "wandering" in known drug areas for the purpose of getting drugs. This might be what you are referring to. If thats the case then Thomas was likely arrested and used your son's name. He was likely was probably finger printed, which is good news. The finger prints will be sent to the State Police and they will be able to link up the prints with Thomas and his real information. They will notify the police department that someone was arrested and used a false name. It will then be up to that police department to track down the right guy and follow through on the complaint.

You should go to the police department and speak to an officer about the problem. They should have a picture of Thomas from the day of his arrest and that should immediately clear up any confusion about your son being involved. Then give them Thomas' information and tell them you want to sign a complaint against him for identity theft.

The bad news is that Thomas is a drug addict and will likely continue to use your son's name for as long as he can continue to get away with it. But if you keep signing identity theft complaints against him it should start to deter him from doing it after awhile. Hopefully.

 

[grlpwrd]

I would focus on the identity theft issue rather than suing right now.

www.consumer.gov/idtheft should help and yes, be sure to have him check his credit history.

Please keep us updated if you can and best of luck!

 

[Ronda93]

It's hard for the police in this situation. I had a friend whose sister would pull this. "Oh, I don't have my license. My name is Sheila... " and so it would go. My friend would get the summons and have to convince the authorities it wasn't her. It was awful.

The alternative is that the police take drivers into into custody when they don't have their license handy. Can you imagine the howl that would rise from the people?

Thomas is a bad person. I agree that identity theft is the angle to pursue. Actually, if it could be arranged that your son be listed as WANTED for something really bad it would only take one more time and Thomas would move on to another name. Don't know how to pull that off, but using the system against him would be sweet justice.

 

[TeresaNJ]

Thanks everyone for your suggestions. This is what the complaint says, "Prowling Public Places-CDS related. It also says "notice of proposed suspension of driving privileges for failure to appear". I have no idea if Thomas was driving or not.

I'm not suggesting that the police haul everyone in who doesn't have their license with them, but I do think if you are in a crime/drug area, and don't have ID, and are just throwing out a name, then you should be brought in.

I don't want to sue anyone, but I don't think we should have to shell out money, time, and anguish everytime this jerk does this. This system really stinks. We're just lucky we've had no legal problems. I can just see the person who has had a record or whatever, with no money for a lawyer, try to convince a judge they had nothing to do with it.

I was going to contact the police today, but I think I'll wait until Friday and see what the lawyer says is the best way to handle it. Also, I know people move all the time with no forwarding address. Wouldn't that be nice if we had never seen the summons, my son could be arrested in the future for something he didn't do. Sorry, I think the police officer should have handled it better than to trust a drug addict to be telling the truth.