Legal Question in Criminal Law in California

Re: dismissal of case

I can't assess the strength of the case against your boyfriend based upon the limited facts you have provided. The particular arguments you make, however, are unlikely to help him.

The lack of a Miranda warning is not a get out of jail free card; all it will do is to prevent the prosecution from using against your boyfriend any statements he made in response to police questioning while in custody. All other evidence will still be usable.

Penal Code section 529 (which I have included at the end of this answer) makes it a crime to impersonate someone else while performing certain acts. It does not require the use or possession of a false ID. It is also not necessary that the defendant misrepresent his identity to the arresting officer.

Your boyfriend needs a lawyer ASAP. If he can't afford to hire one, he will need a public defender.

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SECTION 529.

Every person who falsely personates another in either his private or official capacity, and in such assumed character either:

1. Becomes bail or surety for any party in any proceeding whatever, before any court or officer authorized to take such bail or surety;

2. Verifies, publishes, acknowledges, or proves, in the name of another person, any written instrument, with intent that the same may be recorded, delivered, or used as true; or,

3. Does any other act whereby, if done by the person falsely personated, he might, in any event, become liable to any suit or prosecution, or to pay any sum of money, or to incur any charge, forfeiture, or penalty, or whereby any benefit might accrue to the party personating, or to any other person;

Is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in the state prison, or in a county jail not exceeding one year, or by both such fine and imprisonment.

Re: dismissal of case

I agree with the previous post. The lack of a Miranda warning is not a silver bullet for the defense. Your boyfriend should hire an attorney as soon as possible.

If you are serious about doing so, feel free to contact us.

George M.

www.NotGuiltyInCA.com

P. 951.742.8090

Re: dismissal of case

Hire a private lawyer asap, if you can, or go with a public defender. As previously mentioned, lack of Miranda warnings is one of the most misunderstood legal issues. Violations can keep self-incriminating statements from coming in as evidence but it does not result in dismissal of charges, if there is other evidence which the prosecution can use.

Difficult to comment on your boyfriend's charges without knowing more but feel free to contact me if you desire additional consultation.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com