Tennessee Trial Lawyers Blog
“A mistaken identity arrest occurs almost every day, said policing experts and officials at the National Association of Criminal Defense Lawyers.”
One lady in Colorado was discussed in this CNN report from February 2010.
http://www.cnn.com/2010/CRIME/02/15/colorado.mistaken.identity.arrest/index.html
I have recently been retained in a case like this in Middle Tennessee. It is pretty scary and happens all too often. One way this could happen to you is if you are simply confused with another person who has a warrant for his arrest. You think you are about to be home for supper and a movie, next thing you know you are in jail for three days. Although you would think the police department would have ways to identify each person in their system, they make mistakes. These mistakes are often human error. So while Joan Doe has a warrant for her arrest and you just so happen to be recently married Joan Smith Doe, you may be in for a long weekend.
Ms. Doe: “Officer, I swear that is not me…I have never been in trouble, it must be a mistake…”
Officer: “Lady, we do not make mistakes….you can talk to the judge on Monday”
Another way this could happen is when you have had your name in the system for whatever reason, and either the clerk, police department or probation department simply fail to do their job. This occurs when they fail to remove you from the system, incorrectly confuse you with another person in the system, or fail to acknowledge that a warrant has been served and resolved.
Ms. Doe: “Officer, I swear I did my community service, paid everything, it has been 7 years since that happened…”
Officer: “I bet you did lady, you can tell that to the judge on Monday”
My friends, clients, and members of Fuson Law, P.C. Facebook Page, this could happen to you. I have had three cases involving this happening in the past two years.
My thoughts, if this does happen to you, be courteous to the officer and call me at 615-717-5176 and I will come to the police station.
Going forward, I would think that with laziness in this country at an all time high and with budget cuts in the government every year, these mistakes will continue to happen and may even increase in the future.
Know your rights, know an attorney, and be safe!