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Cop took my fake id but i did not get arrested or ticketed. he said i MIGHT get a summon. now what?

Boston, MA |

a store clerk called the cops and the cop took my id and information down. i was not ticketed, given a citation or arrested. the cop said i MIGHT get a summons. will i actually get one or was he just trying to scare me? when will i get my summons id i get one?
i am 18 and this is my first offense.

Attorney Answers 4

Posted

You won't know until more time passes. If you haven't received one in 90 days it is very unlikely--though not guaranteed--that you'll get one in the future. Most summonses generated by police action are processed through and sent out by mail well within that period.

Do you want accurate, personalized, legal advice that you can rely on? You will have to hire an attorney, not ask on Avvo. I am not your attorney and am not creating an attorney-client relationship by this post. I am therefore giving only general advice. This advice may not apply to you or your situation; may not take account of all possibilities, and may not match the advice I would give to a client. DO NOT rely on this advice or any other advice on Avvo to make your legal decisions. If you want an answer to a legal question you should retain an attorney who is licensed in your state.

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Posted

The cops have up to the end of the statute of limitations in New Hampshire to charge you for this. For a misdemeanor in New Hampshire the state of limitations is one year. It is usually best not to "follow up" on this by calling them and asking about it, even though it naturally causes anxiety not knowing what the cops are going to do. If the cops do come with a summons or an arrest warrant, you should comply and turn yourself in to them, but do not ask answer any questions or make any incriminating statements. You should talk to a New Hampshire criminal defense lawyer before the cops come knocking, in my opinion.

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1 lawyer agrees

Posted

It sounds like the police officer was just trying to scare you. It is unlikely that he needed more time or information to decide whether or not to charge you. If he was going to charge you, he would have made that decision at the time he met you, and would have said that you would be getting a summons, not that you might be getting a summons.

If you are really worried and don't want to wait and see if you receive a summons in the mail, hire a lawyer to make inquiry on your behalf with the police department and/or the court clerk's office. Even if the police decided to seek a criminal complaint against you, possession of a fake ID (usually charged as possession of a false RMV document) is a relatively minor charge and could be resolved without creating a criminal record.

Good luck,

Dominic Pang (617-538-1127)

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1 lawyer agrees

Posted

It sounds like the officer was indeed trying to scare you. While he certainly has the ability to charge you, he may have taken into account lack of record, demeanor at the time he met you, etc.

New Hampshire sometimes moves slower in issuing summonses. Keep your eyes open in the mail (to the address at which you are registered with motor vehicle and the address on the fake ID, if applicable) and respond promptly.

Good Luck,

Christine G. DeBernardis, Esq.
(978) 777-5393

This is not legal advice and is not intended to create an attorney-client relationship. You should speak to an attorney for further information.

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