Would my husband have to go into court and fight it off? His brother doesn't have any legal document stating he's a US citizen. Will it still effect my husband. My husband doesn't want his brother turn himself in. He's afraid they will send his brother back over seas.
Your description of events is not entirely clear, but if your husband was just recently charged with a DWI that his brother actually committed, he absolutely needs to fight that charge in court.
I understand you and your husband do not want to get this brother in trouble or deported, but a DWI is a serious offense and your husband does not want it on his record, especially if he did not commit the crime. Additionally, just because your husband proves that he did not commit the crime does not necessarily mean that they will automatically come after his brother.
I highly recommend speaking with an attorney about this situation to hopefully work out a resolution that works for both your husband and his brother.
If this or any other answer is helpful, please let AVVO.com know.
There MAY be other options. . .assuming there was an arrest associated with the DWI charges. If that is indeed the case, there would be an arrest photo from the Mecklenburg County Jail.
It's complicated, but with proper documentation proving the false name / identity during the arrest via an NCDL photo, arrest photo, NC DOT/DMV record check, etc., it would make sense to approach the District Attorney's Office to discuss options.
Obviously the Law Enforcement Officer would need to confirm the picture on the license & associated name was indeed NOT the person taken into custody, thus providing the identity theft.
It's EXTREMELY COMPLICATED. Your husband would benefit in speaking with an experienced DWI Attorney.
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