14 MONTHS AFTER THE FACT I WAS VISITED BY A OUT OF JURISDICTION AGENCY ON A MINOR MISD OF GIVING FALSE INFO TO POLICE OFFICER ON A MOVING VIOLATION I SOMEWHAT ADMITTED CAUSE THEY THREW IN THE FAMOUS LINE... IF I WOULDN'T COOPERATE ID BE ARRESTED... SO THEY HAD ME SIGN A SLOPPY STATEMENT ADMITTING GUILT AND 2 MOS LATER THEY FILED A COMPLAINT IN LA COUNTY COURT W OUT MY KNOWLEDGE AND WITHIN 60 DAYS I WAS ISSUED A WARRANT. FOR A DIFFER CHARGE ID THEFT... EVEN THOUGH I WAS TOLD BY OFFICERS IT WAS FALSE INFO TO OFFICER ... THEY HAD SURVEILLANCE TEAM ON MY HOME FOR A MONTH STAKING OUT THE PREMISES AND PARKED OUTSIDE MY HOME MANY TIMES. AFTER A CERTAIN TIME THEY EVENTUALLY STOPPED. NOW WARRANT ACTIVE?
If the purpose of using another persons info on a moving citation which would it be considered? the citation was for excessive speed 45mph in a 35mph zone. how can the DA file ID theft<under what elements? what needs to be proven to file such charge ?
DUI / DWI Attorney
Penal Code section 529, which is punishable as a felony or misdemeanor, which is false personation.
Penal Code section 148.9, which is a misdemeanor only, is giving false identifying information to a police officer.
Generally speaking, the key difference between two sections is that false personation (Penal Code section 529) requires that the information identifies a real person and false identifying information (Penal Code section 148.9) does not.
Because this is a factual determination unique to the facts of your specific case, you should consult with an attorney to discuss the facts specific to your case.
The information in this post is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. I invite you to contact me for legal advice particularized to your individual situation.
DUI / DWI Attorney
First no caps it’s just rude are very hard to read. Second police do not file charges they are not lawyers and do not practice law. Only a prosecutor files charges and what the police recommend a prosecutor can agree with or file any charge they think they can prove. Get an attorney.
Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.
Criminal Defense Attorney
Stop posting details online. Get an attorney ASAP. Do not discuss this case or answer questions from the police or anyone else without your attorney present.
The response above is not intended as legal advice. This response does not create an attorney-client relationship. Legal questions can only be fully answered through consultation with an attorney to whom you give full and accurate details. Anything you post here is not confidential and is not protected by the attorney-client relationship. It is highly recommended that you seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting.