Legal Question in Criminal Law in California
My fiance was pulled over and presented a fake I.D. to the cop. He doesnt have a real one at his time, because he is an immigrant. He was let out on bail and I was wondering what might happen when he goes to court. will he go to jail or will he be able to do the work hours thing?
1 Answer from Attorneys
You say he's an immigrant but if he's using a fake ID then I suspect he's an illegal immigrant. It's a misdemeanor but for this crime, Penal Code section 529.5(c) apparently does not specify jail time but only imposes a fine. The judge could allow him to do community service to pay off the fine. You should know that for a more serious violation with jail time, Immigration will put a hold on him so when he gets out of jail, he would be transferred to immigration detention to face deportation proceedings. That's very unlikely to happen here because it's a pretty minor crime, but he should be careful in the future.
Larry L. Doan
www.GuruImmigration.com
http://guruimmigration.wordpress.com (blog)
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