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Do I need a criminal defense attorney?

Saint Louis, MO |
Filed under: Criminal defense

The bouncer at a bar confiscated my fake ID. I asked for it back, he said no and I left. It had my picture, my real first and last name but a different middle name, DOB and a fake address. If this ID is turned over to the Police, am I likely to be sought after so that charges can be pressed against me?

Attorney Answers 5

Posted

I would say, for the time being, you might not, at least until charges are filed. If that even happens. I don't think it's the common practice of bars to submit the fake IDs they seize to the police for charges to be filed, but you never know.

Personally, I would be surprised if this became a criminal case, but if you would feel safer doing so, go ahead and talk with an attorney.

But no matter what, I wouldn't post any more specific facts about your case on an open forum like this.

My statements are my opinion solely based on the information provided in the question, and that opinion can be inaccurate if the information is inaccurate, or if there are additional important facts that have been left out of that information. Always be careful about including any information in a public forum that could be used against you in any way.

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Posted

Maybe. if you are contacted, you need to call an attorney before answering any questions.

NEVER describe your facts in an online forum. I have CONFIRMED there is at least ONE county prosecutor that is a member of this site. My statements are my opinion solely based on the information provided, and that opinion can be wrong if your facts are different than what I believed them to be. If you have any further questions, you can contact me at 636-532-1400 or through my website http://mcmichael-logan.com

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Posted

The decision is solely up to the prosecuting attorney. I've seen situations where, after entering our appearance on a case as the attorneys for a defendant charged with the same crime, the prosecutor opted not to file charges. However, this is the exception rather than the rule. The main things to keep in mind are that (1) if you're contacted by police, politely decline to answer any questions and (2) be sure to hire an attorney when you receive notice of the filing of charges, if you haven't yet at that point. Additionally, it might be wise to occasionally run a check on case.net (https://www.courts.mo.gov/casenet/base/welcome.do) for the filing of charges in state court. If they're filed in municipal court, you will not see anything pop up on case.net. Be aware, also, that any plea or finding of guilt to the crime of a fake ID will carry with it a 90-day suspension of your driving privileges under Missouri's Abuse and Lose statute.

John Eccher
WARD & ECCHER | Trial Attorneys
(314) 394-2150
www.CriminalDefenseMO.com

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Posted

It is highly unlikely you are going to be subjected to any form of criminal liability. First, we are assuming the bouncer has enough initiative to contact local law enforcement. Second, we are then assuming local law enforcement has enough initiative to pursue it further. Third, you have a variety of defenses at your disposal in the event this spirals any further:
1) Chain of custody issues; who passed off what to whom and when?
2) Correct identification by the bouncer; was the sobriety of the bouncer in question?
3) And most importantly from a prosecutor's perspective--would the bouncer even be willing to show up and testify against you--the answer is likely, no.
In summary, don't do this again. You made a stupid mistake, now learn from it. Never alter any document in bad faith (especially an I.D., for pete's sake).
All the best,
Gregory Watt Attorney-at-Law

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Posted

Doubtful

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