I am being charged on the account of Identity Theft and or Mail Fraud. The thing is that i have not given any information out about the person i just used their pictures that were posted freely on the internet. They have no idea who the person is but i bet they will track my IP, could i sue them for accusing me of identity theft?
Let's see. First you say that you may be charged, then you are being charged. It's one or the other. Second, you said you impersonated someone. Now you want to sue someone for accusing you of identity theft that you just admitted. Finally, exactly what are your damages: could your reputation in the community be any worse based upon what you are admitting. Finally, do you really think it is difficult to determine who you are based on this Avvo posting.
The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
If you are charged with any crime, I would strongly suggest you retain an attorney experienced in criminal defense before providing a statement to anyone. And as my colleague intimates, I would be mindful of the details that you post on the Internet.
You can sue just about anyone for just about anything. That does not mean that you should. However, as my colleague notes, it sounds like that action may have its own set of challenges. And it is notable that you can also get yourself into some serious "hot water" if you bring a case before the court that has no merit. Absent more compelling information, it does not present itself as a wise idea. If you wish you explore this idea further, I would suggest you hire an attorney in your area to consult with you about the pros and cons of such a lawsuit.
You may find an attorney on avvo.com. Good luck to you.
NOTE: This Answer does not constitute legal advice. Every case is fact specific. To render a legal opinion, an attorney must engage in a consultation with a prospective client and review any pertinent documents. This communication does not create an attorney-client relationship with Attorney Amy L. Wells or WELLS LAW OFFICE, INC.
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