Legal Question in Criminal Law in California

Re: Penalties

I recently had one of these cases. The trick the police use to claim that the youngster presented the fake ID to them as a "representation" that he is the person listed on the fake ID.

If proven, this runs afoul of Penal Code 148.9, which is a misdemeanor carrying a maximum sentence of 180 days confinement in the county jail.

In my recent case, we stipulated to probable cause to detain, and in exchange, obtained a one-year deferred entry of judgment. Quite a good result, given the facts of the matter.

Be forewarned, though, every case is unique.

Re: Penalties

That depends on the circumstances when he encountered the police. If he just has someone else's id there is no crime in that. If he trying to defraud someone by using anyone else's identity, or the ID was altered or stolen then that's another issue. It can be anywhere from a misdemeanor to a felony depending on the circumstances.

If he received a citation, the offense code section should be on the citation and that should tell you what he may be charged with.

Good luck,

Good luck,