Arrested for Vehicle Registration Fraud, VC 4463(A)(1)

I personally would have provided the information to the police immediately. See what your lawyer suggests.

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Quoting Mr. Knowitall

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I personally would have provided the information to the police immediately. See what your lawyer suggests.

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I tried. The cop wasn't having any of it and insisted I was lying; that I was the one who had created the document and I was making this story up to protect myself. He never even looked at the sms texts that I had with the other guy. The more I tried to explain the situation, the angrier he got.

You should have tried harder. You should have provided copies of the ad, proof of your payment, the person's name and contact information, and the like.

It does not seem plausible that you would have been arguing with the officer to the point that he was losing his temper to you but not get around to naming the person or sharing any information that might identify him or confirm your story. Still, this person either exists or he doesn't, so it might be possible to build a defense that you had no clue what this person was doing for whatever it was he charged to obtain the certificate.

Again, see what your lawyer says.

Okay, let's assume that your attorney turns over this guy's info to the police. So what? Without interviewing YOU, they will have no context and no details to even begin trying to pursue this other guy. Now, it might be possible that your attorney will agree to an interview with the police. If so, then this might be an opportunity to either crawl out from underneath this or provide some reasonable doubt at trial.

As a note, unverified texts are easily challenged in court because they can be readily spoofed and these would have to be supported by phone records indicating the incoming and outgoing texts to a verified number. Even then, they will need a live body to pursue. Do you know this guy's name, address and contact information?

Also, did you tell the investigating officer that you KNEW your car would not pass smog so you got a hold of some dude online who said he could get it to pass??? See, that - to me - screams consciousness of guilt as it might apply to VC 4463. A reasonable person is likely to conclude that this was a shady deal from the start and you were fishing not for a legitimate solution, but for a fraudulent fix. You didn't get billed for massive vehicle repairs, did you? Unless you paid hundreds of dollars for your car to pass smog, it is very likely that this claim of being duped is not going to pass the laugh test.

I would not be surprised if your attorney recommends taking a plea deal.

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Quoting Mr. Knowitall

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You should have tried harder. You should have provided copies of the ad, proof of your payment, the person's name and contact information, and the like.

It does not seem plausible that you would have been arguing with the officer to the point that he was losing his temper to you but not get around to naming the person or sharing any information that might identify him or confirm your story. Still, this person either exists or he doesn't, so it might be possible to build a defense that you had no clue what this person was doing for whatever it was he charged to obtain the certificate.

Again, see what your lawyer says.

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I was at the DMV so all I had was the sms texts on my phone, which would of course include his contact phone number. The cop never even bothered to look, even though I insisted. I really don't believe there was anything else I could have done at the moment. I was not attempting to be argumentative. The arresting officer kept asking me for my story and why I was in possession of this document. I explained it to him and offered to show him the texts. He kept insisting that I was lying to him and that I thought he was stupid that he would believe such a story. Finally, he said "I'm going to give you one more minute to tell me the truth."

Of course, since it was the truth, my story never changed. He was furious and put me in handcuffs.


One more question, do you think I am okay with a public defender as my lawyer? This is in LA county.

If you can afford a private attorney you likely will not qualify for a public defender.

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Quoting cdwjava

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If you can afford a private attorney you likely will not qualify for a public defender.

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I cannot really afford a private attorney. I would have to borrow money. I was appointed a public defender automatically since I was never released on bail before my arraignment. I am just wondering if a public defender is a capable defender or if I should attempt to find a way to borrow money to appoint a lawyer.

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Quoting Squirty

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I cannot really afford a private attorney. I would have to borrow money. I was appointed a public defender automatically since I was never released on bail before my arraignment. I am just wondering if a public defender is a capable defender or if I should attempt to find a way to borrow money to appoint a lawyer.

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It all depends on what kind of case you intend to make. A PD should do just fine for most things, but he cannot devote the same sort of energy and singular devotion to YOUR case that a private attorney might ... at great cost. A PD may be less inclined to hold your hand and may well try to encourage you to plead guilty in exchange for some sort of sentencing recommendation. But, that decision will be yours in the long run.

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Quoting cdwjava

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It all depends on what kind of case you intend to make. A PD should do just fine for most things, but he cannot devote the same sort of energy and singular devotion to YOUR case that a private attorney might ... at great cost. A PD may be less inclined to hold your hand and may well try to encourage you to plead guilty in exchange for some sort of sentencing recommendation. But, that decision will be yours in the long run.

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Thank you for all your help throughout this process (especially cdwjava). This is pretty much what I thought as well. I suppose I have to be adamant that I don't wish to accept any plea bargains and insist on taking this to trial.

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Quoting Squirty

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Thank you for all your help throughout this process (especially cdwjava). This is pretty much what I thought as well. I suppose I have to be adamant that I don't wish to accept any plea bargains and insist on taking this to trial.

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The problem with going to trial is going to be the jury. You admit that you believed your car would not pass smog. So, instead of checking with certified mechanics, you shopped the internet (presumably Craigslist - rife with thieves to begin with) for someone who might promise to get your car to pass smog. Then, at a cost which I presume was significantly less than it might cost to make the modifications necessary to repair and replace the engine so that it would pass smog, you are presented with a document that you claim to believe is an actual smog certificate - no questions asked. The average Joe on that jury is likely to see that as an attempt to play "see no evil, hear no evil" on your part. It's not going to pass the smell test.

Now, IF they can identify and manage to charge this other guy, you might be able to plead to a lesser offense in exchange for testimony against that guy. On the other hand, that guy might decide that he will tell the police that YOU begged him to make it pass no matter how it had to be done and that you knew the document was fake.

Your attorney will be in the best position to advise you on this, but I doubt he will want you to take the stand, and without you taking the stand this is going to be tough. But, as I said, ultimately your defense is your call.