idgod reviews what happens if you give a cop a fake id
California Penal Code Section 148.9 PC： False Identification To Police
1. Definition and Elements of the Crime
Being stopped and questioned by a law enforcement officer can be an unsettling and unpleasant experience for many people, and there may be a temptation to provide false identification to the officer when asked, either because the person is trying to conceal their true identity or because they prefer to maintain their privacy. However providing False Identification to a Police Officer is a crime under California Penal Code Section 148.9 PC that could have long-lasting consequences for the defendant.
False Identification to a Police Officer requires the following elements:
That a person knowingly and intentionallyProvided a fake name or the name of another person to a police officerIn order to avoid the court process or to avoid presenting proper identification to that officerProviding False Identification can mean more than providing a false name to a requesting officer. A person can also be charged under the statute if they provide a false date of birth, or any other information that can be used to determine a person’s identity.
A man is pulled over while driving because an officer suspects he is Driving Under the Influence in violation of California Vehicle Code Section 23152(a) and (b) VC. The man has an active warrant, and when asked to provide his name he makes up the fictitious name “Joe Blow” and tells the officer that is his name. This man could be prosecuted for Providing a False Identity to the Police in violation of Penal Code 148.9 PC.
If the man instead provides the name of his brother, and not a fictitious name, he could also be prosecuted for False Impersonation under California Penal Code Section 529 PC, because he represented himself to be another existing person, as opposed to a fake person.
3. Related Offenses
As discussed above, False Impersonation under California Penal Code Section 529 PC can apply if the defendant represents themselves as another actual living person. Additionally False Impersonation requires a further act besides providing the false name, such as signing a notice to appear in court, where False Identification only requires the defendant to provide the false name.
Other related offenses include:
Resisting Arrest – California Penal Code Section 148(a) PC. Providing false or misleading identification information is considered “resisting arrest” under the statute.False Information to a Police Officer – California Vehicle Code Section 31 VC. This is a broader offense that makes it illegal to provide a false name, fake identification documents, or a fake vehicle registration to an officer.4. Defenses to False Identification to Police Officers Charges
There may be a legitimate Mistake of Fact defense if the defendant did not realize that the person they were providing a false name to was a police officer. This may occur in undercover cases in which the officer is not clearly identifiable as a law enforcement officer.
Providing False Identification to a Police Officer is a misdemeanor offense that can be punished by up to six months in jail and substantial court fines. In addition, this offense is considered a crime of dishonesty that could haunt a person for the rest of their lives. Someone convicted of this offense could be effectively prevented from providing credible testimony in the future and may be barred from certain professional licenses and employment opportunities.
6. Criminal Defense for False Identification to Police Cases
If you or someone you know has been accused of or charged with providing False Identification to a Police Officer, it is important that you meet with an experienced Los Angeles Criminal Defense Attorney immediately. The act in question may have been based on an innocent mistake on your behalf, and an effective Los Angeles Criminal Defense Attorney may be able to intervene before charges have been filed to try and have the case rejected or significantly reduced. Los Angeles Criminal Defense Attorney Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience who knows how to best defend charges of this nature.
For more information about False Identification to Police Officers, and to schedule your free consultation, contact Los Angeles Criminal Defense Attorney Michael Kraut at the Kraut Law Group located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.
Giving False Identification
If you are questioned by the police or arrested, you might be tempted to give the officers a fake name instead of your own. But if you actually do give them false identifying information, you can be charged with false identification to law enforcement authorities and you will risk years in prison and heavy fines.
Lying to the police about your identity will make them angry and it can cause you to be treated unfairly. You will need a criminal defense attorney who can stand up for your rights and provide you with a strong and effective defense.
In Pennsylvania, if you give law enforcement authorities false identity information after you are told you are a subject of an official investigation for violating a law, you may be charged with false identification to law enforcement authorities.
The police you are dealing with should either be in uniform or should inform you they are law enforcement officers.
False identification to law enforcement authorities is a misdemeanor of the third degree, punishable by up to one year in prison and up to $2,500 in fines.
What Your Lawyer Can Do
Your attorney will carefully review every aspect of your case to determine if there is evidence for all you have been accused of.
Your lawyer will make every effort to discredit any evidence not in your favor.Much of what your lawyer can do to help you will depend on the exact circumstances of your case.The police you dealt with may not have been in uniform or may not have told you they were police. If so, your lawyer will gather the evidence or witnesses to prove it.Your lawyer will be looking at every avenue that can help you, so it’s important that you give them all of the information that can support your case.
When you are up against a false identification to law enforcement authorities charge, even before your first hearing you will be facing a determined prosecutor. You need an attorney who will stand by you every step of the way, work hard to discredit any evidence – and work with you to determine your best course of action.
Pennsylvania False Identification To Law Enforcement Authorities LawFalse identification to law enforcement authorities is described and defined under The Pennsylvania Criminal Code under Title 18, Chapter 49. Read the code here.
What Happens When You Lie About Your Identity To Police？
Penal Code 148.9 PC prohibits one to falsely represent a fake or fictitious identity to a police officer either to evade the process of the court, or to evade the proper identification of the person.
Watch this video for the following information:
A legal explanation of this crimePotential jail timeDefenses in this type of case
To prove that the defendant is guilty of this offense, the prosecutor has to prove the following facts or elements:
Providing a fake or fictitious name or the name of another personTo avoid the court process or to avoid presenting proper identification to that officerTo someone the defendant knows or should have known is a police/peace officerWhile the police/peace officer was engaged in the performance of lawful duties.
James is pulled over because the police officer suspected that he was driving under influence.
When the officer asked James for his name, James gave him a name that he made up on the spot.
James can be charged with the offense because he made up a fake name to avoid presenting accurate identification to the police officer.
This offense is a misdemeanor and in some instances, the judge may grant several months of probation to reduce jail time or just grant probation with no jail time at all.
If the defendant can show that the police officer was not lawfully performing his/her duties at the time of the false representation of identity.
As discussed above, a police officer is not lawfully performing his/her duty if he/she is unlawfully arresting or detaining someone or using unreasonable or excessive force in his/her duties.
Because one of the elements is that the defendant has to know or should have known that he/she is making a false representation of identity to a police/peace officer, if the defendant can show that he did not know and should not have known that he/she was dealing with a police officer then they have a defense to this code section.
If the defendant is encountered by someone wearing plain clothes and driving an unmarked car, without being presented additional information, the defendant is not expected to know that the person is a police/peace officer.
The following links have information on the criminal court process in a misdemeanor:
Being Released On Your Recognizance After An ArrestStep 1 In A Criminal Case – The ArraignmentHow To Conduct Yourself In CourtThe Plea Bargain Process Between Prosecution & Defense AttorneyCriminal Trials – A Step By Step Overview
idgod reviews what happens if you give a cop a fake id