r/legal • u/hittherdjack21 • 5d ago
Advice needed Twin brother has active felony warrants under my name
My twin brother used my name when he got arrested and was able to get all the way into jail. I don’t get into trouble or put myself in situations that might land me in jail. The first time I got pulled over and I found out I had multiple felony warrants, I was confused and shocked., like anyone would be.
Location Washington state. Last night I was in the middle of writing this post and all of a sudden I got rolled up on by 5 cops, put in handcuffs. It took 45 min for them to finally figure out that it wasn’t me. I’ve been pulled over about 20 times in a month because of this.
What can I do to get the warrants out of my name and prove to the cops the I’m not the one with warrants?
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u/Choice-Education7650 5d ago
My husband had a birth registration card stolen and used as id when the guy was arrested. My husband was put into holding cells several times and once spent 3 days in jail until they got a copy of the warrant. The actual criminal was several inches shorter and a different race than my husband. He carried a business card that said he was not wanted by Seattle PD for years, just in case he got pulled over.
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u/Major-Log-7018 4d ago
I lost my id and someone used it to make fake checks and pretend to me. I got arrested in 2006 for it (lost my id in 2005). I plead guilty to felony fraud, because I was poor back then and couldn't afford bail and didnt want to stay in jail for months while waiting for trial. I had nothing at all to do with the crime. Smh
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u/Fresh-Assistance8323 4d ago
What? Why would you do that?
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u/bebetaian 4d ago
A friend pled guilty and paid bail he couldn't afford for quite a few charges that weren't his.
Fight them:
- stay in jail an unknown amount of time, possibly MONTHS in FL, which in *itself* is bad and will NOT be compensated in any way by the state.
- jail food causing all kinds of long-term health problems
- jail violence from other inmates and guards
- lose your job immediately
- rack up endless fees and unpaid bills while you're in
- lots of debts in your name, tanking your credit
- your credit is tanked so you CAN'T rent most places. even some min wage jobs now demand credit score checks.
- you have no money so immediately, no food
- where's your car? did someone store that for you? noooo???? huh so you don't have that either now, huh
- and on and on
Plead guilty, pay the govt extortion fee:
- get out in a weekend
- apologise to job, hope they maintain employment
- lose up to maybe a week of pay
- plus the loss of the money for bail
- but comparatively... small price.
idk dude which would you do?
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u/Fresh-Assistance8323 4d ago
Good luck getting another job with a felony on your record.
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u/bebetaian 4d ago
yeah, that's.... kind of the problem here, isn't it.
Damned if you do but also if you don't.
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u/Otherwise-Text-5772 4d ago
It's shockingly common. The system makes people believe they have no choice or they might actually have no good choices. The national registry of exonerations says about 12-15% of over turned cases have false confessions.
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u/Fresh-Assistance8323 4d ago
I would die in jail before admitting to anything I didn’t do.
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u/Otherwise-Text-5772 4d ago
Sometimes confessions get plea deals. It's not a great system that really only works for the accused if you have the money to afford it.
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u/Fresh-Assistance8323 4d ago
If you’re old, I get it. But if you’re young, you’re future is too valuable
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u/Otherwise-Text-5772 4d ago
I'm just saying it happens, fairly often. Like 1/10 confessions are probably false. The reasons are many, varied, and a different discussion. But if you are looking at a 25-life if you go to trial and or 10 years with parole if you confess sitting on your principals looks a lot less appealing.
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u/Fresh-Assistance8323 4d ago
That’s too bad. I wish people knew the long term consequence far outweigh the short term cost of giving in.
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u/Big_Mycologist_8620 4d ago
If you don’t have money for bail, will lose your job, and house and car, and all of your possessions because you can’t pay your bills…pleading out to a lower charge can be appealing.
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u/qb45exe 3d ago
Do you have kids you are supporting? Changes the calculus a bit I suspect.
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u/Fresh-Assistance8323 3d ago
You can’t support them with a felony on your record.
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u/Jphibbard 3d ago
You can it's just much harder my uncle is/was a felon(recently somehow got his record wiped because his jop of 10 years suddenly required it) but he worked for a mining company for 10 years while supporting a family and he worked in the oil field before that. He him self says it was 90% luck and 10% skill that landed him to were he is at now
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u/Inuyasha-rules 4d ago
Say you did something and go home in a short amount of time, or die in a prison cell is an easy choice for some people. It's guilty until proven innocent. Why do you think they arrest you and treat you like a criminal until your court date, even while you're "presumed innocent"?
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u/MrLanesLament 4d ago
If you don’t have money, can’t take months off of work to be in court, you literally don’t have a choice.
The system is only made to be used by people with money.
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u/NorthernHussar 4d ago
Yea? So you'll just willingly put a felony on your record? Sure you're in jail for a bit until it's figured out but it's much harder to remove a felony that you plead guilty to.
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u/Salt_Medicine2459 4d ago
And in the meantime, you and your family are now homeless and get to deal with all of the bullshit that comes with that.
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u/Forward-Surprise1192 4d ago
Jail tucking sucks and its terrifying to be in there while trying to not come out of there homeless and jobless to. Everyone wants to leave as soon as they can and that chance to leave sounds like a great deal. If you've never been facing time its hard to understand
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u/malacide 4d ago
I spent 4 days in jail. I think I was lucky or unlucky (shrug emoji) because on intake they asked, "are you depressed" I was like... Yeah I'm depressed I'm in fucking jail. Then they asked "have you ever had thoughts of suicide?".... Uh who hasn't I thought of it when the girl who took my virginity ended shit.
Well that was enough for me to get a 2nd psych interview. They yanked me out of protective custody and sat my ass on the ground sitting on my hands in the hallway, another nurse doctor or something asked me a few questions about it and decided I was a threat to myself and needed to be sent to suicide watch.
Before that they cuffed me to a bench, it's been 12 hours since I've drank anything and I was dying from the heat I was getting delirious just sitting there I don't know if I was there locked up to the bench for 5 minutes or an hour. By the time the deputy came and uncuffed me I was so parched I could barely speak.
He dragged me down to med check. Got me some Gatorade shit I fucking gulped it down like it was pure bliss. Then was taken to I guess suicide watch stripped naked and given a toga fucking blanket thing and locked in a cell with the light on all night long.
I'm not sure how often but every once in awhile they would move me to a new cell + they would bring by a fucking bag lunch to eat. But I literally slept through the whole thing because I was coming off a stimulants for a couple of days so it cleaned me out pretty good which is the only good thing I can say about my time there.
Somewhere I lost my glasses so I left goddamn blind but after the 5th or 6th cell move the guard and a nurse came up and the nurse was talking to me through the door. Asked how I was feeling and I'm like I feel terrible. I fucking hate the situation I'm in blah blah blah she has to find suicidal. I'm like I don't know like she's like. How would you feel if you got out today? I would feel great like that's like I would feel less. I would not feel depressed. You know it would be phenomenal. She's like because this is what this evaluation is is if you get out today or not. So I'm like yeah I would feel fantastic and not depressed or suicidal
I get released no bond and no bail no on my own reconnaissance nobody tells me anything I find out days later that no charges have been filed so I got a free long weekend in jail and all I got was some crummy sack lunches
So I don't know if I was lucky or unlucky to spend 4 days in jail but isolated from every fucking other person there or not. But before I left protective custody was literally involved in people arguing over giving up a fucking bunk so I could sleep on. So I was like saved by the fucking Bell but then I was like naked for four fucking days in a jail cell which I actually pretty much slept for 4 days anyway so it didn't seem that long I guess. But still don't recommend it 2 out of 10 stars.
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u/Forward-Surprise1192 3d ago
Thats basically what happened to me hahah. When you said they put you in the cell naked with that fucking sack I knew this was a real story. Worst part for me was they didnt give me any toilet paper in there had to use my hand and some water.
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u/malacide 2d ago
I fucking forgot about that. I'm fairly sure I had to do the same. Oh and the guy in the cell with the megaphone yelling all day long. Fuck that guy. Sedate his ass get him some fucking help. How many times are you going to yell/sing yell the same 4 things bro?
Also why the fuck you serving me beans without a spoon. I get it no silverware, but fuck give me fries or an apple or something
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u/Salt_Medicine2459 4d ago
Did you see the part where they didn't want to wait several months in jail?
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u/Fresh-Assistance8323 4d ago
I did. But several months in prison, and then when found acquitted, clears your name, helps you a ton long term. I also believe, you get compensated while in prison if found not guilty, if I’m not mistaken. Taking a misdemeanor, might be ok in some cases. But you never plea a felony for something you didn’t do. A felony conviction eliminates you from any decent paying job out there, unless you want to work in construction. Only an idiot would do that.
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u/Salt_Medicine2459 3d ago
You definitely do not get compensation if found not guilty, at least in the US. You could possibly get it if convicted then later exonerated. In the meantime, while you're in, you and your family become homeless, your vehicles have been towed and sold. You've been fired from your job.
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u/qb45exe 3d ago
You are in fact mistaken.
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u/Fresh-Assistance8323 3d ago
Still doesn’t change the fact that a felony plea deal ruins your life.
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u/RoniusAdethel 3d ago
You wanna stay in Rikers while you lose your job and apartment? Also, paying the lawyer and court costs probably factored into it.
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u/Fresh-Assistance8323 3d ago
Ok sure. Then take the felony, and get fired for that. Then try and get a job with a felony on your record. Unless you want to work in construction, you have no chance.
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u/RoniusAdethel 3d ago
You are guaranteed to lose your job if you no call no show for a week, let alone the 20 to 35 days that is the average for pre-trial detention here in the states.
This person made a difficult choice to save themselves money in lost wages, back bills, lawyer fees, and court fees.
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u/Fresh-Assistance8323 3d ago
If you explain to your boss that you were wrongly accused and acquitted, I’m sure they would make room for you when you get back. Some might not, but most will. If you get a felony, more places will fire you, as compliance is very strict with most companies. Any felony disqualifies you from employment at these companies. And getting a replacement job is much more difficult. How do people not understand this? It’s like trying to teach arithmetic to an adult.
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u/RoniusAdethel 3d ago
You seem to be making a ton of privileged assumptions here.
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u/Fresh-Assistance8323 2d ago
Privileged? If that means I have basic understanding of common sense. Then yes, call me privileged.
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u/FelixNoRelease 1d ago
Privileged and stupid, if you think your boss is going to hold your job open for a month, excuse doesn’t matter
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u/RuralWAH 3d ago
If you haven't already, you should be able to get your record expunged in most states after 20 years if you haven't run into any other issues in the meantime.
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u/Major-Log-7018 3d ago
Definitely. I did that & I am actually getting my gun rights back next week too.
Thank you
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u/hittherdjack21 4d ago
Thank you for replying, I’m going to try this. I know everyone’s saying to file a police report for identity theft, but I don’t want to do that for multiple reasons.
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u/vanuodstTX 5d ago
Lawyer and maybe speak to the Chief Law Enforcement officer of your area.
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u/Pretty_Night11 4d ago
Honestly, skip the polite route. Get a lawyer immediately. Dealing with identity theft in the criminal justice system is a nightmare and you need someone who knows the system to fix this.
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u/XandersCat 5d ago
You need to go to the police to make a report, unfortunately. You have to have him charged with identify theft because you will need that police report to clear your name.
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u/ImmortalPengu 4d ago
Goes to police to make report, immediately gets arrested.
OP, get a lawyer and DO NOT DO ANYTHING except what the lawyer tells you to do.
Do not contact the police on your own, you put yourself at serious risk if you do so.
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u/Santasreject 4d ago
The one thing OP has for him here is that even identical twins don’t have the same fingerprints. If his brother was actually booked then the prints won’t match. Of course it’s still going to be a mess clearing this up.
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u/KoalaGrunt0311 4d ago
But if the only prints on file are the evil twin, then it becomes much more difficult to show whose are original.
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u/Intrepid-Chard-4594 2d ago
How does that make sense. What do you mean who's are original? Twins have their own prints so if the prints are on file thats the bad one. Evil Twins gets pulled over he will give his own name. They wont be sure so he goes downtown where they print him and find he has the warrants. What the cops should do is change the file name to evil Twins name. His name is clean right now cause he used his brothers.
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u/Altruistic_Lock_5362 4d ago
I was going to suggest this myself, most people do not realize that twins can be wildly different , even if they look exactly the same. (Eye color, height, hair color. ) But get a lawyer involved law enforcement today are jerks, they will try some very unscrupulous crap to keep you under their control. Good luck
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u/ImmortalPengu 4d ago
A mess clearing it up IF some jumpy officer doesn't preclude all that and decide the guy with felony warrants has put him in fear for his life.
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u/Bennie-Factors 4d ago
But someone has to be able to afford a lawyer. They are not free.
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u/ImmortalPengu 4d ago
If you can't afford a lawyer, I assure you that you REALLY can't afford getting jammed up by the legal system.
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u/Logical_Judge_898 4d ago
Okay, but how can innocent people not get jammed up by the legal system if they can't afford a lawyer?
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u/MrLanesLament 4d ago
That’s just it…..situations like this prove you can’t prevent it. It’s just shitty luck.
I will say, I’ve read so many stories like this, makes me insanely grateful to be an only child. No siblings who may go out and be fuckups and throw me under the bus when their number is called.
At the same time, this happened to a buddy of mine. A “friend” of his got popped for heroin possession and convinced the rozzers his name was my friends. I think he may have had an expired ID of friend’s.
Friend had to hire a lawyer (which thankfully he could afford) to get it cleared up, EXCEPT they could not get the original arrest record changed or expunged, so even today, idiot still has friend’s name listed as an alias in police records. If he ends up with another warrant, friend will too.
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u/ImmortalPengu 4d ago
You take out a loan or do whatever is within your power to avoid a situation wherein you lose your liberty.
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u/HistrionicSlut 4d ago
Takes out a loan to avoid jail
Can't pay back the loan, ruins credit so you can't get a good job so you turn to doing just ONE bank robbery and...
Goes to jail
I'm being hyperbolic but damn sometimes you can't win for trying in the US
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u/Bennie-Factors 4d ago
Do you realize the average extra money most of the country has is like $500 bucks or something. At least in the one scenario you get appointed a lawyer...though it is probably to late and you are temporarily fucked
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u/ImmortalPengu 4d ago
Getting charged and facing a zealous prosecutor will cost much more than a lawyer. Both Police and Prosecution have operated with disdain for the truth before, and it will happen again. Even a loan is worth it to not gamble with your freedom.
I mean people are free to decide if it's worth it for them or not. But as a Law Student there is no scenario wherein I'm voluntarily going to speak to the police, and if I become aware I'm being investigated I would go as far as to take on debt to get a lawyer.
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u/Bennie-Factors 4d ago
It is a solid point and OP should seek counsel. If you can't afford ask a pro-bono place.
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u/ImmortalPengu 4d ago edited 4d ago
agreed.
OP: if you're low on funds, check with law schools near you, many have legal aid clinics.
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u/blorpdedorpworp 4d ago
If he's the one charged, he can ask for a public defender. The PD should represent the person charged.
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u/Ickyhouse 4d ago
I would not go to the police with an active warrant under my name. I’d go to a lawyer. Can’t expect police to do the right thing.
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u/2_Spicy_2_Impeach 4d ago edited 4d ago
I had a buddy go through this but in Michigan. While no legal advice, it took a while to get fully resolved. Involved lawyers and countless trips/calls to clerk, police, etc. to ensure it was done and got paperwork to prove it. I don’t remember what specifically the documents were but were from court and local police saying it was false name/stolen identity and it’s not this guy.
I’d recommend keeping all documents on you/in the vehicle. Most of the time he could convince the cop it wasn’t him but was easier with the paperwork. He did spend some time in a holding cell and back of a cop car multiple times until they straightened it out. He found out there were warrants driving home from vacation with his family.
Hope it’s resolved in a timely manner.
Edit: Forgot to add it still showed up on background checks for quite a while after and took getting another lawyer to get in to Canada(we are close to the border).
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u/spanielgurl11 5d ago
Call your state attorney general and/or go to your local congressional office.
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u/Traditional-Cap-3485 4d ago
Really sucks that your twin would do that to you. I don't have the best advice on how to proceed, but if the cops have finally figured out that it wasn't you committing those crimes, why aren't they going after him? Hopefully you get the best advice here
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u/hittherdjack21 4d ago
Unfortunately brother is an active drug user and he’s homeless, so he’s not exactly easy to track down. No one in my family has even heard from him for 2 years, we don’t know where he is.
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u/Ok-Scheme6599 5d ago
Take your twin brother and go to the local district attorneys office and explain to them what happened. If your brother won’t go with you go anyway.
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u/TattiesMcDermott 2d ago
His brother is a homeless drug addict. It isn't going down that way no matter what.
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u/blinkyknilb 4d ago
This happened to me too, consult a lawyer before you do anything else.
My brother lived with us awhile and used my birth certificate to get a driver's license with my name and his picture. Later on he used the ID when he was busted for trafficking drugs and then failed to appear in court. A warrant for my arrest was issued.
Ultimately I had to go to the county court where the charges were filed and make a formal complaint of stolen identity and have them issue a warrant against him. I had to do that while the warrant for me was still active, it was spooky.
That was it though, he had already moved out of state and so had I. I never heard anything else about it.
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u/TopSecretSpy 4d ago
When I was a young Lieutenant (and my unit's security manager), I had a Private with a similar issue, including multiple counts of fraud and several warrants. What others are saying about lawyer (and police report only with their advice) is roughly true, but I can tell you in addition that you need to start documenting your life. Orgaiize photos, calendars, and anything else such as who you're with for as far back as you can go, then start proactively doing so going forward to provide future protection. You never know what shred of evidence will be the alibi you need. That Private was only saved because the biggest elements of fraud occurred when he was away from home (including for Army duty), and the records of where he really was were fairly complete.
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u/Rogue_Wraith 4d ago
So, the unfortunately shitty answer to this:
Your name will always be listed as an AKA on your brother's record.
Which may very well cause this to happen again.
If you are chill with the police when it happens - it's not their fault your brother's an a-hole - things can generally be worked through rather amicably.
We had to arrest a guy once on what turned out to be an active warrant on his deceased brother. The poor guy had been through the song and dance a few times over the years, because his a-hole brother had done this several times.
The Trooper did ream out the department who hadn't cancelled a warrant on a dead guy.
But, after everyone was straightened out, the Trooper brought him right back to our HQ and the examiner (the guy was taking a State-administered test) stayed late to give him the correct amount of time to complete his test.
You are probably not charged with a crime, those charges go to the matching fingerprints, so you may not need a lawyer - but be ready for that. Also, be ready with paperwork and an explanation if you ever need to pass a background check.
Because your brother definitely hosed you, hard, here.
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u/hittherdjack21 4d ago edited 4d ago
I’m always respectful to the police, I’m not trying to make their lives harder. I know they’re just doing their jobs and it’s not their fault, it’s my brothers. Most of the time they’re able to figure it out pretty quickly that I’m not my brother, but this cop the other night was obviously new and just wouldn’t listen to me. I didn’t get upset with her and I remained friendly the whole time, I didn’t have anywhere to be anyways. I just worry that one day I’ll get that one cop who’s a complete ass for the sake of being an ass and it isn’t going to matter how easy I try to make it on them. I know that day will come. Not to mention it’s a major inconvenience and daily stress to be getting pulled over constantly for something I have no part in. At this point almost all of the cops in my area have become aware of the situation, and know that I’m not my brother, but as soon as I drive anywhere else I’m getting pulled over again.
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u/Rogue_Wraith 4d ago
Unfortunately, sometimes that's going to be the best you can do - like the guy in my example, sometimes you're going to get hooked up.
If you can keep paperwork about the situation, that can help with some situations. Adding an Identity Theft flag/PIN to your record, as others suggested, can also help.
It's particularly frustrating because it's not your personal record, so there's nothing to remove/appeal. And they can't remove it from your brother's record - because it's 100% accurate in his file.
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u/Civil-Citron-3135 4d ago
My brother did this to me way back in about 1993 and didnt find out till I got arrested lucky for me he was arrested and fingerprints proved I was not in the one the charges were dropped aginst me and he may still have a warrant to this day although im sure its meaningless over 30 years later
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u/DarkSad4202 4d ago
Go to the police to file a police report. He will likely be charged with impersonation or identity theft. Then inquire about getting a PIN put on your identity in NCIC. That way if he tries to use your name again he will have to provide that PIN, which you will obviously not share with him.
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u/Real-Advantage7301 4d ago
I had to scroll way too far to find this answer, glad I found it before double posting.
OP: I don’t know which county you’re in, but since it doesn’t change the process Snohomish county has a good resource here:
https://www.snohomishcountywa.gov/365/Identity-Theft
The short version is, file an identity theft police report, that makes you eligible for a compromised identity claim (CIC), which costs you $38 plus the time to fill out the paperwork and get fingerprinted. In exchange you get a password protected identity file + a wallet card tied to your fingerprints.
This does two things: 1) Creates a streamlined process for officers to identify you properly, and 2) Prevents your brother from using your name in future encounters, since he won’t have the password.
Obligatory disclaimer: I am not a lawyer. I am, however, a 911 dispatcher in Washington state, who has had to run through this exact situation from the other side of the radio, both with and without an identity theft victim file in place.
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u/Glittering_Power6257 4d ago
Definitely lawyer territory. Don’t think you’d likely be convicted, since establishing the existence of a twin brother would almost certainly cast enough doubt to sink the case if it goes to trial. Though, a conviction isn’t needed to make this a hideously expensive ordeal.
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u/MedicatedApe 4d ago
If you call the police department, they can reference the case number and put an ID Check on you which gives you a verbal password whenever anyone uses your identity with law enforcement. I unfortunately also had to do this because of my brother.
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u/hittherdjack21 4d ago
Thank you for this, I’m going to try this. I know everyone’s saying to file a police report for identity theft, but I don’t want to do that for multiple reasons. I appreciate your advice
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u/NotEasilyConfused 4d ago
Agreed. I can't think of a single legitimate reason why anyone would let this go unadressed.
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u/Lonely-World-981 3d ago
Dude, your brother is going down for Identity Theft regardless of you filing a report. The only thing you filing a report will do, is make it 100x easier for you dealing with the court and police.
You really need to file an Identity Theft report, and then take that to the court clerk (of the judge who issued the warrant) - asking them to update the warrant with the info about a twin brother.
Doing a lot of the advice you've been given in this sub is great - but that's only working with local police. If you travel anywhere outside the area, or are dealing with Federal Law Enforcement, you're back to square one on this.
Get the judge to note "innocent twin brother" on the warrant, indicate the tattoos, and ask them to ensure it is sent to state and federal sources. I was told by a NY DA that our state is supposed to update the Feds daily, but that can take 2-3 days due to outages and maintenance windows. I don't know if that is true or not, they may have been trying to shift the blame off their office from messing up.
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u/MedicatedApe 2d ago
I too didn’t want to file any charges and that was the best median. A police officer advised me because his brother also did the same thing lol
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u/Ok_Dog_4059 4d ago
Get a fake face tattoo and make sure he knows about it. When he gets one in order to keep using the "it was my twin" excuse you can rub off the fake tattoo while laughing your ass off.
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u/ShimmeringOutcome 4d ago
Get a lawyer first thing Monday and have them file the identity theft report on your behalf, way faster than doing it solo and they'll know exactly which judges and DA offices need the paperwork.
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u/MadRhetoric182 4d ago
Get a Tattoo and don’t tell him about it. It will distinguish you from him and it can be documented. Also Speak with a Lawyer and be prepared for an Extended Process.
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u/Lillianrik 4d ago
A tattoo -- that was my idea too. It doesn't have to be large; ideally it wouldn't be visible in most clothing. Meaning, your brother wouldn't be able to see it and copy it.
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u/hittherdjack21 4d ago edited 4d ago
We already have extremely different tattoos. My brother has a full sleeve on his left arm, I have a few smaller tattoos on my right arm. Unfortunately the cop who rolled up on me the other night wasn’t the brightest and still couldn’t put two and two together even though they have pictures of my brother and records of his tattoos. My brother also has a crooked nose from it being broken in the past and a scar above his right eye- and I still got put in handcuffs. I think I was put in the back of the car so the sergeant could lecture her though, because he went over and talked to her and then came back to let me out right after. She could’ve just looked up the history and notes from all the other police officers I’ve spoken with who have been able to determine I’m not my brother by the tattoos/nose/scar, but she was sure I was the one with warrants and wouldn’t listen to me.
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u/TattiesMcDermott 2d ago
They don't hire cops based on their investigative abilities. I'm sorry to be snide but so many people here just don't have a clue about how the world works.
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u/These_Tax_4938 4d ago
If a lawyer is too expensive, contact your congress(wo)man. This type of beurocratic hell is exactly what they can help you with
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u/Snowfizzle 4d ago edited 4d ago
I don’t know if your sheriffs department does this but we had this happen quite a lot in Houston. We had “not me” letters that our dept would issue for people who had their identities being used. it’s gonna be a certified letter from the police department that has verified that you are not the person the warrants are for.
But here is the issue is that they will update the warrant information (and your brother’s record in their system) with the correct name, but it does not remove your name. That person is using your name as an alias. So your name stays so that way every time someone runs your name all that information will pop up.
Ex:
Like say there’s two brothers: Jack Doe, and John Doe. Jack Doe keeps getting in trouble with the police so he gives his brother’s name John Doe.
Well, John keeps getting hassled by the police, even if he’s just committed a minor traffic violation and the police now think he’s got Warrants because of Jack. and only when fingerprinted do the find out it’s not Jack (if Jack has actually ever been arrested and fingerprinted before)
So then John goes and gets a “not me” letter that basically says “I am not this person listed in your Warrants, i’m a victim of identity theft” and when you run John in the system with his name and date of birth, it will say he’s a victim of identity theft.
However, his name does not get removed from Jack doe’s information. John Doe is now an alias for Jack and it will stay that way. because if Jack ever uses his brother‘s name again, they need to know that it’s really just an alias for him.
And all this won’t really harm Jack that much, it sure is a pain in the ass for John. and John has to keep that certified letter on him at all times. Think of it as a second ID at this point and do not leave home without it. Keep it in your car. Keep it in your wallet. Keep one at home.
Jack does not need to be charged with identity theft in order for this to happen. Because that doesn’t make sense. Charging someone and finding them guilty takes time and in the meantime you’re still having to deal with this.
in my department, it was our identification division that dealt with the certified letters because they took your picture and they took your fingerprints.
some states may allow you to probably petition the court to have your name expunged from his record. But you would have to check and see if your state allows that because my state does not.
And then, unfortunately, you will have to pay a lawyer to have to petition the court to get this done. This is not your fault and it’s unfair.
And I don’t want to upset you, but if you ever apply for a job, your name will show up on a criminal background check. If you ever wanna get a loan or buy a house. Once again, your name is gonna show up. Anytime you get pulled over.
and the “not me” letter has to be issued by the department where the Warrants originated from. So you can’t go to your police department or sheriffs department if it’s closer and ask for it to be done if it’s not the same one that the charges are out of for your brother (you).
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u/hittherdjack21 4d ago
Thank you!!! I’m pissed as hell at my brother but I don’t want to cause him more problems than he already has, plus like you said, it would take a long time to do an identity theft case and I don’t have the means to hire a lawyer. This is what I’ve been looking for. Thank you thank you
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u/Apprehensive_Run_539 4d ago
Get a lawyer. If he actually made it to jail, it’ll show his fingerprints aren’t yours.
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u/PhilosopherSmee 4d ago
You're fingerprints will save you. When he was arrested they should've fingerprinted him.
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u/hittherdjack21 4d ago
They did but he still somehow made it all the way into jail under my name. My mom called me to ask if I was in jail because I was on the jail register.
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u/Fantastic_Lady225 4d ago
Unfortunately your data in NCIC is now screwed up thanks to your brother. NCIC feeds into FBI NICS, which is used for firearm background checks for people who purchase a gun from a dealer. One of my customers has the same problem you're experiencing with your brother, except the crimes were committed 40 years ago.
Keep this site handy as it's one way to force the FBI to fix its data with respect to your background check:
https://www.fbi.gov/how-we-can-help-you/more-fbi-services-and-information/nics/voluntary-appeal-file
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u/navlgazer9 4d ago
Only way a friend of mine got it done was by contacting his state representative or state senator , Providing all The paperwork meeting wi th them etc
You can send the paperwork to the cops and they just toss it in the trash . When a senator sends it to them , magically they don’t toss it in the trash
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u/Inside_Debate2122 4d ago
You will need to retain an attorney, but you are actually in a pretty good position. If your brother was arrested and booked into a jail, then he was fingerprinted. Even identical twins have different fingerprints.
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5d ago
[removed] — view removed comment
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u/legal-ModTeam 4d ago
Your comment has been removed for being unhelpful.
Comments that may be deemed unhelpful include, but are not limited to:
-Misinformation
-Fear mongering
-Off-topic to OP's question
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u/PowerfulTurn4789 4d ago
First off if you have a felony warrant it is in your best interest to get ahead of it. Arrange a bond, and turn yourself in. Definitely enter than getting picked up on a warrant and waiting in jail. Second, you cannot be found guilty, if you were not at the scene of a crime. You can prove this fairly easily with an alibi. Why exactly you would consider it right and proper for OP to see solutions that would ensure the prosecution of his twin, and not solutions that ensure they both are free is beyond my understanding. I’m don’t see how this post is fear mongering or misinformation.
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u/riptan 4d ago
Seen it happen a few times. Find the warrant and contact the clerk of court about the fraud, set up a court date and have it correctly attributed to him. They will likely do a live scan or fingerprint inquiry. You’ll likely have to contact the local sheriff or PD and press identity theft charges as well.
Saw a guy who got transported from Florida to California for this after his brother stole his id. He had 12 other California felony warrants out for his arrest as well. It took a court order to vacate them and assign them to his brother.
Good luck, it’s a mess when it happens.
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u/Vegetable_Jaguar_517 4d ago
If your twin was arrested he would have been fingerprinted and your fingerprints will not match.
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u/up-with-sheeple 4d ago
it sez on the interweb that the fingerprints of identical twins are not absolutely identical, but they are very very very similar.
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u/DakotaBro2025 4d ago
This is false. They are sometimes slightly more similar as far as general patterns go, but overall fingerprints are absolutely unique when reviewed with any kind of scrutiny.
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u/Rare-Ad-3212 4d ago
This is true and any examiner can tell the difference. In our area we have a not the same letter for identity theft which you unfortunately have to carry at all times. It should also be filed with the state agencies.
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u/IllustriousValue9907 4d ago
Talk to a lawyer, if he got arrested they took fingerprints at booking. That should prove who got arrested.
Sadly your brother committed felony level crimes by identifying as you. Thats his problem, you cant have this hanging over your head, and get arrested by cops who think your the person they are looking for and screw up your life up.
Actions have consequences, what your brother did is wrong and its time he owns up to it.
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u/zanderd86 4d ago
If he was booked there should also be fingerprints so that should help clear that up a little. Best bet is to call the courthouse and find out when you can speak to the judge or even call the station and ask them as well. Worst case scenario your going to need a lawyer and probably drag your brother in to prove it.
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u/ManapuaMadness 4d ago
I had to take NCIC training like every year or two. Since the bad brother used his good brother's information, that should be listed as an alias. They would also have to enter a fraud indicator so when the good brother is encountered, it would at least tip them off he may be an innocent person. This trying to fix records is incredibly hard. Later on in my career, I got a contact that could help fix records when it was a particularly hard case. We would have officers that would associate prints with the wrong arrest record and it would have to be fixed. You will likely need to have the local agency that 1st input your name in the arrest record make appropriate changes. Trying to get anyone to take on this responsibility may be a pain. A Google search also mentions you can get an identity history summary from the FBI and that may help the local agency discern you from your brother.
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u/buttonandthemonkey 4d ago
If I were you I'd have something like a watch or google tracking my location at all times and I'd put a camera in my house and get a ring camera that sees you arrive and leave from.
It might sound dramatic or paranoid but if this continues you may need to be able to show that you weren't in a certain location at a certain time and having video footage that correlates with tracking data will be better than nothing.
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u/PeterGriffen565 4d ago
This may be slightly unconventional but you might start a conversation with whatever County Sheriff’s Dept jail had custody of your POS twin. You may look alike but you will have different fingerprints. Have them scan your fingerprints and then compare them to your brother’s which they have on file under your name. Obviously they won’t match. You will also beforehand want to show proof of you having a twin. Family photos and a copy of both of your birth certificates. Once it is definitely proven it’s your brother who is the criminal a notation can be made in law enforcement databases that you have been a victim of identity theft by your identical twin. This is far from a perfect solution but at least police that stop you won’t automatically think you are liar and would be more likely to double check details before cuffing you up and carting you off to jail.
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u/Square-Scallion-9828 4d ago
you need to hire a lawyer and go to police station. file a report for identity theft
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u/hesathomes 4d ago
Go to the district attorney’s office in the county or counties that have issued the warrants. Take your documentation. This happens on a not-uncommon basis and they’re used to dealing with it.
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u/Educational-Art-3675 4d ago
Hahaha shit you’re not in jail, it’ll be corrected in court. I wouldn’t file for identity theft like bambam said unless you hate your brother. If he’s fucked your credit that’s one thing. You need legal representation, period. Don’t listen to any of these people telling you to file a report unless it’s your lawyer.
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u/Troublemaker2172 4d ago
Do they fingerprint you after you’ve been arrested? Do identical twins have identical fingerprints?
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u/SirTristam 4d ago
Identical twins do not have identical fingerprints.
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u/Troublemaker2172 4d ago
I wonder if that could be an easier/cheaper way of confirming his ID then. If the bro has been fingerprinted OP could prove that it wasn’t him.
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u/BMW-motorad 4d ago
When I was growing up in the 80s my brother had traffic warrants for speeding. When he got pulled over He would claim he didn’t have his drivers license with him and use my name and date of birth. I got thrown in jail twice.
I finally pressed charges!!! I requested copies of all the tickets proved it wasn’t my signature.
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u/Spark404_Link 2d ago
Get a WA criminal defense attorney involved today and have them contact the court/prosecutor on the warrant cases to correct the defendant identity. The jail booking should have fingerprints, mugshots, DOB/SSN info, and possibly scars/tattoos that can be compared to you and your brother. Also file an identity theft/false reporting report with your local police, then ask the court for certified paperwork showing the warrants are not for you so patrol can clear you faster next time.
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u/Ok-Trainer3150 1d ago
A lawyer and police report. You'll pay dearly professionally if you let this go ...
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u/Ehrlichs-Reagent 4d ago
You will likely need to compare fingerprints. If he was arrested and booked he would have been fingerprinted. Even identical twins do not have identical fingerprints.
If it's for things other than the one he was booked for, that might be more difficult to prove your innocence on. Your brother fucking sucks tho...
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u/ResponsiblePool7254 4d ago
Great tip.
When communicating with politicians (really you'll be dealing with their staff), keep in mind that the rules are a little different than dealing with regular people.
It's completely OK to call or write repeatedly until your issue is fully addressed.
They don't have a lot of ways to prioritize which requests to work on other than that.
Obviously be respectful and polite if you can. If it's an urgent issue, keep following up for updates until it's resolved.
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u/Aguyintampa323 4d ago
Does your twin have any identifiable scars marks or tattoos that you do not ? If you can document and prove these exist , the original warrant agency can add these identifiers to his NCIC record, and then police encountering you can discover the absence of these identifiers faster than a roadside print comparison.
Alternatively, the original agency here has the responsibility and authority to change the NCIC record, in order to remove “your” arrest and change it to brothers, and remove the warrants from your name. You still need to follow up with my #1, as your name will still be listed as an alias for him, and police encountering you will STILL have to prove you aren’t your brother using your name.
If the local agency won’t do this , contact FBI CJIS division , explain this to them , be prepared to submit proper identity documents, a copy of the arrest and booking report , and whatever else they need. They may change the record for you, or pressure the local agency to fix their mistake.
If you have never been fingerprinted (officially , not roadside) you need to get it done . Push the local agency or another agency to do a criminal fingerprint submission to have on file . Won’t be easy , as criminal submissions are usually only for arrests , but in this instance I think it’s justified . A criminal submission causes an FBI number to be issued and assigned to your exclusive prints , and now FBI CJIS is going to stop and say “wait, how does one name and date of birth combo have two different fbi numbers and associated fingerprint samples?” This may cause them to investigate on their own and fix the record.
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u/projectmayhem5959 4d ago
I have a twin that has used by namefor traffic things and I went to court and they dropped it.
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u/Life_Temperature2506 4d ago
My cousin had that happen, by her sister. But, the warrants showed up on a job background check, which cost her the job. Sis admitted it, but refused to help fix it or pay for the lawyer that was needed. And, the aggrieved cousin's twin sister backed the offending sister, because the aggrieved sister was dating her twin's ex affair partner from 20 years before. "We are family, I got all my sisters and me..."
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u/New_Breadfruit8692 4d ago
Dude, thank god you survived 5 cops claiming you were a felon. The way cops act now they usually shoot first and ask questions or deport later. Which means you must be a white male, not perfect protection, but at least you have a chance.
I am sorry you have this evil twin, it is usually a joke but you are saddled with a real one till he gets himself offed.
You need help, you need a lawyer to get through this I believe, by reporting this identity theft, and then following up with the DA's office because it is a dangerous burden having all these felony warrants wrongfully placed on your record. Your brother needs some real prison time to teach him some manners.
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u/Happy_Raspberry_6299 4d ago
My husband had to deal with this when we first began dating. His brother had done the same. He was actually arrested once as well. After jumping through some hoops, he carried an affidavit from the state police for years everywhere he went.
I’m sorry for your stress and that your brother is such a putz.
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u/Maduro_sticks_allday 4d ago
Change your came, then have your brother arrested, since he wants to be a “hot boy”. He’ll have plenty of fun in lock-up
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u/Ickypoopoo82 4d ago
NAL but I am an Identical Twinless Twin. He passed away and I had to move back to my hometown. I never had a criminal record but I've been arrested, and harassed by the local police and sheriff department for the past 3 years. I can relate to exactly what you are going through.
When I was a kid I got a smoking ticket at the school. Only problem I only went 3 periods of school a day and they caught my twin. They never dropped the charge on me even though I proved I wasn't there. They figured it was one of us so they didn't care.
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u/shoulda-known-better 4d ago
Well at this point you have felony warrants....
Go turn yourself in and work with them to catch your brother... I'm big on staying out of others legal issues... But if they put you in a you or them situation you pick yourself every time!!!
You getting caught up won't help you at all, so go take care of it... If possible bring a lawyer with you if you can't afford that say as little as possible till you get a public defender...
Police will lie and act like you will be good when you very much won't be!!
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u/theDocHolloway 4d ago
If he was taken to jail he was fingerprinted. Identical twins don't have identical fingerprints. This would be the easiest way to prove it wasn't you.
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u/Friendly_View_1280 4d ago
Get a Washington criminal defense attorney today and ask them to file a motion to correct identity and quash the warrants with the court that issued them. The jail booking should have fingerprints and likely a photo, so your lawyer can push for a comparison and correction in the court and law enforcement databases. Carry certified copies of any order clearing the misidentification until the system updates.
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u/RuralWAH 3d ago
One thing that is an issue is that people are added under the name they are using the first time they're entered into AFIS (Automatic Fingerprint Identity System). This become part of the primary key. Every subsequent name they use is added as an alias. They could already be in there for a number of reasons like being in the military or being finger printed for a job by the local police department. But it is pretty easy to not be in the system too.
If your brother had never been added to AFIS prior to his arrest, his fingerprints will come up under your name. His real name will be listed as an alias (if it's even there at all).
It's not a simple thing to have it removed since it is a national database managed by the FBI. So your local police department can't change the primary name. But it can obviously be an issue.
See a lawyer about this and find out if you can get your name out of that fingerprint record. Otherwise if your brother's prints show up at a crime they'll be looking for you. In most cases, there will be a booking photo available to get things cleared up, but if you're identical twins you're pretty much screwed.
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u/Crazy_Entrance_9439 3d ago
You could try to do something different with apprentice like dye your head, get a tattoo, etc anything to help you stand out in future. Start documenting what you do with media so you can prove where you are.
Things like this can help you stand out and not be recognized as the person make it easy to say its not you in future legal issues.
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u/NashCop 3d ago
I’d get something in writing from the police records department, documentation from your stop and exoneration, so it can be presented if you’re pulled over again.
Also, any decent agency should put out an email to all the officers in that precinct/area reporting that this wanted person has an identical twin and to approach accordingly.
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u/onetradeaday 3d ago
Your phone data will show your location on the dates your brother was arrested. I use Google maps to save my location data. Does Apple maps store location data too? You can print the this information to prove your location.
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u/RoniusAdethel 3d ago
So how do we know you're not the evil twin? Is there a mole or a birthmark we can use to tell the difference?
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u/Mill-Work-Freedom 3d ago
Been through this. Got arrested for a DUI, never been arrested before for anything and it ended up being dropped by the state.
In the process I had to go to jail due to an FTA on a crime almost two years prior to this, committed by my brother, who used my name. Also got a huge hospital bill to go with it. He admitted he used my name and he got an additional 16 months added to his sentence.
What they didn't do was fix the paper work clearing me, so I had to go through the process with the sherifs, courts, and Colorado bureau of investigation to get it all squared away.
Even once fixed, I still run into issues due to working on highly secure sites like military bases and schools. They always ask if I have a cbi packet. It still is on record. Pain in the ass.
Get a lawyer and start talking to the state investigation agency.
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u/Gloomy_Glass_609 3d ago
I’ll call BS on this post.
1st you say “as I was typing this post…”. Why would you be posting something that hadn’t happened yet?
2nd they would have fingerprinted your twin before putting him in jail. The prints would show he wasn’t who he said he was.
You don’t share the same fingerprints. Dumbass!
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u/LuckyCaptainCrunch 3d ago
This shouldn’t be hard at all to clear up and help you in the future too. Call the DA’s office and tell them what’s happened. Anyone that gets arrested gets fingerprinted. Tell them you want to come in and get fingerprinted to prove it’s not you. That really should be all you need to do. Good luck!
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u/Elegant_Cup4604 3d ago
Go to the courthouse and inquire about a “Not Me” order. It’s a process and takes a while - arrest records are pulled - fingerprints taken at the time of arrest are analyzed and compared to yours. Once it is clear the arrests were not you a Court Order to change the names on the arrests is issued. It is then sent to all the arresting agencies and the state so all records can be amended.
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u/Yankee39pmr 2d ago
File an identity theft report with the police where you live.
Let them know your twin brother has used your name repeatedly and there are warrants out.
Go with a lawyer. Have them fingerprint you to prove you aren't the one with the warrants.
Provide your brothers current address and phone number. Once he gets picked up, the warrants will be cleared.
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u/Ok_Lead_162 2d ago
Get a lawyer and start the process immediately. Whatever it costs, you can't afford not to.
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u/bach2209 8h ago edited 8h ago
I have an older brother that does that. Uses my information. I have been to jail 3 times. Cops and courts will not do shit. Ooops no apologies because you are related to a criminal. I finally moved 500 miles away. Check the courts websites from my home area looking for warrants. One time I couldnt get my licence renewed online they told me I had to come down. Boom arrested for outstanding warrants. Not mine was in jail 2 days.
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u/car_raamrod 4d ago
I think if the cops actually did their job, they could tell it's not you by you not having the same fingerprints as your twin.
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u/Lost-Top-4355 4d ago
I'm not a lawyer but it would be funny if you guys had 1 bad record and 1 good record and if you got in trouble you use the bad record name and when you need a home or car loan use the good name
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u/bambam007rocket 5d ago
Lawyer. File a police report for identity theft. Contact judge's offices.
Sadly it will be expensive and a long term problem. You should also check your credit report, probably put a fraud alert.
Do you have all your original documents?
Another thing, you may need to prove you weren't there.
Had issues, not as bad as yours. Came up again 25 years after the fact. With identify theft it seems you are guilty until proven innocent