Is there a code available in JIS to indicate when a defendant name entered on a case was used by another person, the true defendant, either through identity theft or by simply providing it to the officer in an attempt to avoid charges themselves?


There is no Dismissal Reason code in JIS to indicate that a case was dismissed because the person's name was used by another person, the other person being the true defendant.  The reason there is no Dismissal Reason code is that the case would still show on the incorrect person's name code.  That means the case(s) would continue to show on the individual's case history and public case search results, though they were not the true defendant.


In order to prevent the case from remaining on the incorrect individual's record, follow one of the following two options:


  • If the true defendant is identified, change the name to the true defendant record when the case comes before the court.  The prosecutor should amend the charging document and request that the case record reflect the correct name.  The court should use the Case/Person Change (NPC) process available in JIS to move the case to the true defendant's person record, then mail a copy of the notice and a hearing notice to the true defendant.  A not-well-identified version of the original name (name & DOB only, unknown address/sex code/race code, blank identifiers) can be created and attached to the true defendant's name record as an AKA to indicate that the defendant has been known to use that name.
  • In cases where the true defendant is not known, the court could order that the case be moved using the Case/Person Change (NPC) process to a Filed in error type defendant name record after the dismissal process.  This would allow the court to retain the proper court file records in JIS while removing the case from the JIS-Link and public case search records for the identity theft victim's name.  Courts can create a special "Filed in Error" type person record, such as Identity Theft, Def Name Unknown, to be used specifically for their court when this situation occurs.  


If no other cases, juvenile referrals, or detention episodes are attached to the identity theft victim's person record, the Person Delete (PERD) command can be used to delete the name record from JIS. 


Note:  JIS Person Business Rule 2.40 does not allow notes to be added to the Name fields of the person record to identify that the name is being used incorrectly by another person.  Additionally, the Physical Description fields of the person record are to be used only to enter unusual physical attributes.  See also the JIS Online Manual - Person Record Screen Samples and Field Descriptions.


See also eService RN id 1973 Defendant used another JIS person's name and identifiers



 



 






RN id: 2332