Legal Question in Criminal Law in Michigan

what to do, will i get in trouble

my buddie was at a party a couple weeks ago and it got busted and the cops issued out MIP's my friend thought he was smart by telling the cop a different name and soc. number and address...ect. now he is just wondering if he will get caught or how much trouble will he be in if he gets caught.


Asked on 1/22/06, 12:51 am

2 Answers from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: what to do, will i get in trouble

I won't moralize and spin like the original answer did, because I'm a prosecutor. ;-)

Lying about your name is generally a crime only where the person has a legal duty to give his/her identity.

In a traffic case, the driver has to show a driver's license, registration and proof of insurance. Another example is a passenger being investigated for a seat belt violation. In those cases, MCL 257.324 applies (a 90 day/$100 misdemeanor) to criminalize providing false ID. But it's part of the Traffic Code, so if the false ID happens in a non-traffic situation, this statute doesn't apply.

There's another 1 yr / $1,000 misdemeanor called Obstruction by Disguise (MCL 750.217) that might apply. This crime requires evidence that the suspect disguised him/herself with intent to obstruct the due execution of the law or with intent to intimidate, hinder or interrupt an officer or another person in the legal performance of his/her duty, or the exercise of his/her rights under the constitution and laws of this state. But that might be a little heavy to issue considering the fact that the actual MIP charge carries only a $100 fine for 1st offense, $200 fine &/or 30 days for 2nd offense, etc.

You might think that Resisting/Obstructing a Police Officer (MCL 750.81d(1), a 2 yr / $2,000 felony) would apply, but it requires proof of physical interference or force ... which didn't happen in your facts.

In any event, even if the false ID isn't a charged crime, the act of lying about one's name can be used as evidence of guilt by evading detection ... just like flight/running away would be.

I can't say that it's always a bad thing to talk to police (like the defense attorney's answer), but when you do you shouldn't try to lie ... for several reasons.

Some false IDs are quickly discovered when the ID doesn't link to a driver's license. (Cops have computers, you know.)

Police have a hard enough job without trying to chase down the wild goose chase you created. If a prosecutor had been of a mind to NOT charge you with something else, the decision might change when evidence of your lie is brought to the PA's attention. The lie might be admissible relevant evidence to prove to a jury that you had a guilty mind about the incident (since innocent people wouldn't have anything to hide to require lying about ID); and if you testify, it might be evidence to undercut your credibility. And judges may not like it, either, which might up any sentence imposed a bit.

Another collateral problem with lying about a name is where you give another person's name/DOB ... and then THEY get investigated and many times charged, and arrested, and booked, and fingerprinted, and arraigned. If you did that to a friend, then shame on you!

(Ooops. Looks like I DID moralize...)

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Answered on 1/23/06, 10:41 am

Re: what to do, will i get in trouble

First, my crystal ball doesn't work well on Sunday so I can't predict whether he'll get caught. But if he does get caught, he could be in a lot of trouble.

Moral of the story: Don't give statements to cops but if you're dumb enough to do so without benefit of speaking to an attorney first, don't lie to them. Remember, its legal for the cops to lie to you. It's a crime to lie to the cops.

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Answered on 1/22/06, 2:10 pm


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