Can you be arrested at Georgia DMV if there is a warrant under your name and Dob but its not you?

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I just moves to Georgia from St. Thomas. Have not had an id since I got out of military 12 years ago because its not required on the island. My twin brother has warrants and lives in Texas so I will be obtaining a new id and as weird as it sounds we have same name except the suffix. I'm a 2nd and he is a Jr. We have same dob. Different socials. Am I going to have any problems? What should I expect

Attorney Answers

3
Daniel Rice ·
Regardless of how it turns out, or how "simple" it may be (though the criminal justice system is never really "simple"), I suggeset hiring an attorney. Depending on the situation, you may be able to present sufficient evidence to the authorities proving your location (e.g., a court doc, a traffic ticket, a financial transaction receipt, etc. giving a specific date, location, and/or time for you), eyewitnesses to your presence somewhere else, etc., so as to show them you couldn't have done what you have been arrested for allegedly doing on a particular date at a particular time. Specifically to answer your question, yes, you can be arrested on the basis of an incorrect warrant; the arrest can be challenged though, depending on the circumstances, including the type of situation you have described.
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James Hernan ·
People have been arrested based on misidentification in far less confusing situations, so you are right that you need to be prepared for the possibility that they will mistake you for your brother. Consider bringing a copy of both of your birth certificates, evidence of his address and yours, and whatever else you can think of to prove you are not him. You might consider contacting a local attorney to go with you. They might not charge much just to accompany you to the DDS office.
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Steven Knittle ·
Not only can you be arrested you probably will be unless you follow the advice provided by the two attorneys above. It is common for people to use other people's identity when being arrested with the result being that innocent people (usually a relative or close friend) ends up being taken into custody and held in jail until it is straightened out. Good Luck.
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