Legal Question in Criminal Law in California

Hello,

I have a question about a misdemeanor that I recently received. I was arrested and charged with a misdemeanor for identifying myself as a different person to the officer. I have no prior criminal records so I was not trying to hide anything and this was my first arrest. The only reason why I did this was because I was scared and nervous, I know it sounds foolish but it�s the truth. I�m 21 years old, a college student, and this happened in Riverside County in CA. I just want to know what the penalty that the court might give me?

Thank You


Asked on 3/22/10, 2:11 pm

2 Answers from Attorneys
Joe Dane Law Office of Joe Dane

It depends on the facts of the case -

If you were not detained, you had no legal obligation to give your correct name. If you were not detained, you could have told them your name was Mickey Mouse and it's not a crime. If, however, you were lawfully detained, then you cannot falsely identify yourself. That's a misdemeanor under Penal Code section 148.9.

Rather than focusing on punishment, think about getting a lawyer to defend you (or at a bare minimum, request a public defender if you qualify) to see what can be done about this. You may have a legal defense as I discussed above or your lawyer might be able to work something out to keep you from having a conviction.

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Answered on 3/29/10, 8:43 am
Terry A. Nelson Nelson & Lawless

If you are charged with lying to an officer, to convict you the DA will have to prove you did so when legally required to tell the truth. Whatever facts, evidence, witnesses, you may have can be used in various suppression motions, to defend against the charges at trial, or in negotiation of a plea bargain. If serious about getting legal counsel to help you, feel free to contact me.

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Answered on 3/29/10, 12:14 pm


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