What happens with an arrest for felony identity theft? 38 Answers as of July 11, 2013

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?

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Clifford Clendenin & O'Hale, LLP
Clifford Clendenin & O'Hale, LLP | Locke T. Clifford
You will need to talk to an attorney in the county where this happened to know exactly what is going on.
Answer Applies to: North Carolina
Replied: 7/11/2013
Palumbo and Kosofsky
Palumbo and Kosofsky | Michael Palumbo
If you were arrested then you were charged. Felonies do not just “disappear.” You need to retain counsel.
Answer Applies to: New York
Replied: 5/9/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Depending on the county arrest warrant can be issue for your arrest even though you weren't apparently given a court date at the time you were released from custody. To monitor this and prepare you would best hire a lawyer. If you don't want to spend the money yet you will need to consult whatever source you have so far to check on the status of the case. If a warrant issues you certainly then need a lawyer.
Answer Applies to: California
Replied: 4/24/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
Charges may often take many months to be filed. If you were arrested, the likelihood of charges being filed by a prosecutor, particularly on a felony offense, are significant. You would be wise to exercise your right to remain silent. Speak to no one about the facts relating to the charge and seek legal counsel immediately.
Answer Applies to: Minnesota
Replied: 4/24/2011
Harris Law Firm
Harris Law Firm | Jennifer C. Robins
The maximum sentence for Identity Theft in Oregon is five years in prison and a $125,000 fine. That is the maximum though, and most people usually get probation with some jail time, depending on your criminal history and the severity of the crime. It would help to know what "public record" you are speaking of when you say the charge disappeared.
Answer Applies to: Oregon
Replied: 4/24/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    It will be up to the county prosecutor to decide whether to charge you or not. He or she will review the police reports and make the decision of whether to charge you or not. The arrest will always be on the police's RAP automated arrest database. IF you are charged, you might be offered diversion or a prison term depending on your record. Two things you should do pending their decision are keep your mouth shut. Do not talk to cops, friends or even significant others about the charges or allegations. Secondly, if you received money, property or credit by your actions, pay it back ASAP. I know this is not a comprehensive answer but I would need to speak with you and get more detail to be any more specific.
    Answer Applies to: Washington
    Replied: 4/24/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    It could be in the grand jury. If you were arrested, your attorney should be able to check on it. It will come out of the grand jury and you will get a case number.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Alabama. Responses are based solely on Alabama law unless stated otherwise.
    Answer Applies to: Alabama
    Replied: 4/24/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    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.
    Answer Applies to: Louisiana
    Replied: 4/24/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    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.
    Answer Applies to: New Hampshire
    Replied: 4/24/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    If you were arrested you should have been arraigned in front of a judge and plead not guilty. The court would have set a date for the Grand Jury to indict you. You should have had an attorney representing you or one appointed who can tell you if you should testify at the Grand Jury or not. If you are not indicted the charges can be dismissed upon a motion of your attorney. Your search of the records is not reliable, you must have an attorney call the DA to find out the status of your case. Meanwhile, do not discuss your case with anyone, especially not the police. Even if you are convicted of a felony theft charge you will probably receive probation and not a jail term. Feel free to call for a consultation.
    Answer Applies to: New York
    Replied: 4/24/2011
    Arnold & Wadsworth
    Arnold & Wadsworth | Brian Arnold
    That usually means that a prosecutor has looked at it and has decided that there is not enough information to file charges against you.
    Answer Applies to: Utah
    Replied: 4/22/2011
    California Criminal Defense Center
    California Criminal Defense Center | Ardalon Fakhimi
    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.
    Answer Applies to: California
    Replied: 4/22/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    When you are arrested normally an arrest warrant is signed immediately thereafter, or a warrant was signed prior to the arrest. Following arrest you would likely have been forced to make a bond to be released.There is likely a state or federal chargeawaitingbeing presented to the grand jury. If indicted by the grand jury a criminal prosecution will commence.
    Answer Applies to: Alabama
    Replied: 4/22/2011
    Kevin Smith, Attorney at Law
    Kevin Smith, Attorney at Law | Kevin 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.
    Answer Applies to: Connecticut
    Replied: 4/22/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | 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.
    Answer Applies to: New York
    Replied: 4/22/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    If you were arrested and taken into custody, one of two things resulted: either you were released without charges being lodged against you, or released on bail. If released without bail, or being given a court date to appear in front of a judge, you were not charged with a crime. Depending on the police investigation, I presume it is possible that charges will be lodged in the future, IF they have enough evidence to convict you, in their opinion. I do not know what you said while in custody. If you did not confess to the crime, there is a good chance they will not charge you. If you did confess, prepare to be arrested and formally charged. You will need money for bail, in that case, and a court date will be given for your appearance before a judge. Have a lawyer available to handle your case in the event you are formally arrested and charged with the crime.
    Answer Applies to: Illinois
    Replied: 4/22/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    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.
    Answer Applies to: California
    Replied: 4/22/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    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.
    Answer Applies to: California
    Replied: 4/22/2011
    Lacy Fields, Attorney at Law, LLC
    Lacy Fields, Attorney at Law, LLC | Lacy Fields
    This is a confusing question in that there are no "public" arrest records. Generally, arrest records are only available to law enforcement. It is the filing of charges by the prosecutor, and any subsequent convictions, that is "public." The prosecutors likely have 3 years to file charges against you.
    Answer Applies to: Missouri
    Replied: 4/22/2011
    The Law Offices of Gabriel Dorman
    The Law Offices of Gabriel Dorman | Gabriel Dorman
    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.
    Answer Applies to: California
    Replied: 4/22/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    I suspect you are talking about Theft by Deception, and its sentencing range, I think, is similar to regular theft charges which increases with the value of the property stolen. In Alabama, our lowest grade felony is a class C felony which is punishable by one year and one day up to ten years. If the value puts you into a B felony status, the sentencing range is two years to twenty years. Neither of those have mandatory time, meaning you may receive probation in the discretion of the court. You need counsel either way, and should not speak to police without counsel. Stay well.
    Answer Applies to: Alabama
    Replied: 4/22/2011
    Andrew R. Lynch, P.C.
    Andrew R. Lynch, P.C. | Andrew R. Lynch
    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.
    Answer Applies to: Georgia
    Replied: 4/22/2011
    Law Office of Neal L. Weinstein
    Law Office of Neal L. Weinstein | Neal L. Weinstein
    They may be preparing other charges, such as theft and fraud charges, and preparing an indictment in front of a grand jury. If you were summonsed, you can call the clerk of court and they will tell you if the case has been "no complainted" or dismissed, but will not be able to tell you if you are about to be indicted.
    Answer Applies to: Maine
    Replied: 4/22/2011
    Law Office of Martin Blank
    Law Office of Martin Blank | Martin E. Blank
    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.
    Answer Applies to: Michigan
    Replied: 4/22/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    They could be contemplating what charges, or whether to charge at all, or could be investigating further. You will have to wait and see if you do in fact get charge with anything and if so you should hire an attorney.
    Answer Applies to: New York
    Replied: 4/22/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    I do not know what you mean by the public record. Arrests do not disappear. They remain on your department of justice record. I suggest thaat you hire an attorney.
    Answer Applies to: California
    Replied: 4/22/2011
    Law Offices of Lawrence Wolf
    Law Offices of Lawrence Wolf | Lawrence Wolf
    It can mean many things. Best to try and stop it. Give us a call.
    Answer Applies to: California
    Replied: 4/22/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    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.
    Answer Applies to: Michigan
    Replied: 4/22/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    It means they haven't decided whether to charge you. Maybe they never will. But it also means that a warrant for your arrest might be issued at any time. A lawyer could check on that, or maybe you could, but you probably don't want to do anything to remind the system to pay attention to you. You should be extra careful not to get any traffic tickets, and it might help for you to hire a lawyer for a consultation and talk about your options. Better to think about it now than after they decide to arrest you and you're trying to take care of things from jail.
    Answer Applies to: Oregon
    Replied: 4/22/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    After you are arrested, you are given a court date about a month forward. The DA has until that date to decide whether to issue the case. If they do not issue by that date, then they probably are not going to. Technically, they have a year in which to change their mind but this usually doesn't happen. You or an attorney may call the DA's office to see if the charge has been rejected.
    Answer Applies to: California
    Replied: 4/22/2011
    Law Offices of Marshall Tauber
    Law Offices of Marshall Tauber | Marshall Tauber
    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.
    Answer Applies to: Michigan
    Replied: 4/22/2011
    Law Offices of Scott G. Hilderman
    Law Offices of Scott G. Hilderman | Scott G. Hilderman
    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?
    Answer Applies to: Montana
    Replied: 4/22/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    The statute of limitations for criminal conduct is five years. The State can prosecute a person for conduct which is criminal anytime up to the five year point, after that date, they can no longer prosecute with minor exceptions for homicide and rape offenses.
    Answer Applies to: Kansas
    Replied: 4/22/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    I now am a criminal defense attorney who practices law in Augusta with my oldest son. To answer your question, silence is not always golden! In your case, it could mean anything, or nothing, that you haven't heard from the authorities. For instance, in some cases, they could just be doing further investigation. Also, identity theft is a charge that could be referred to the feds. But you should retain an experienced criminal attorney to look into the matter and to advise you as to all your rights and options. Good luck to you!
    Answer Applies to: Georgia
    Replied: 4/22/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Where you every charged? You can have the arrest record removed after a period of time if no charges are filed.
    Answer Applies to: Nebraska
    Replied: 4/22/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    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.
    Answer Applies to: Washington
    Replied: 4/22/2011
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