Legal Question in Criminal Law in California

What are the chances of my charge of a misdemeanor for false identification (penal code 148.9) being dropped if I plead not guilty and get a public defender to represent me in a trial case?.......Here's what happened...I was walking down a sidewalk when 3 undercover cops stopped in the middle of the road and came out of what looked like a civilian vehicle...They were dressed in polos and at first did not look like officers...They asked me and my friend what our names were...I gave them my correct first name but a false last name...They proceeded to put my hands behind my back for no apparent reason and search me even tho I explicitly stated that I do not consent to a search and told them to read me my Miranda rights which they did not and they said that they did not have to...They handcuffed me and searched me and said I was being detained...They asked me for my name again AFTER they detained me and THEN I proceeded to tell them my legal name AFTER they officially detained me. The officer said I gave him a false name but... that was PRIOR to me being detained. He proceeded to give me a misdemeanor citation for false identification even tho I did not give him false identification AFTER I was detained...only PRIOR to them detaining me did I give them my mother's last name that I am known by my friends and close acquaintances by. I am definitely leaning towards pleading not guilty in court and I would like to see what the lawyers think about my situation. I appreciate your interest and your input.


Asked on 6/05/10, 6:35 am

2 Answers from Attorneys
Joe Dane Law Office of Joe Dane

You've got the basics figured out - lying about your name is NOT a crime during a consensual encounter, but it is during a detention. That'll be the issue in your case, along with whether or not they can prove you had the intent to avoid being found out, etc.

This one is NOT one I'd suggest pleading guilty to without a serious discussion and review of the case with your attorney, whether privately retained or a public defender.

For more information, google Joe Dane and "interacting with the police" - I wrote a fairly lengthy blog post about this info.

Good luck.

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Answered on 6/05/10, 10:50 am
Anthony Roach Law Office of Anthony A. Roach

There is something you are not telling us. People of Mexican ancestry who are familiary with Spanish forms of address frequently use their mother's surname as their surname, as the naming convention is different. Most law enforcement in California are well aware of this. Miranda warnings are only required to be given prior to custodial interrogation, so I would quit barking up that tree. If the officers were in plain clothes, and you did not know they were police, you may have a defense, as Penal Code section 148.9 applies to people who falsely identify themselves to peace officers. If they are charging you, there must be something that you are not telling us.

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Answered on 6/05/10, 3:18 pm


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