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Giving False Information to an Officer

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  • 08-31-2009, 05:16 AM
    LucidSid
    Giving False Information to an Officer
    My question involves criminal law for the state of: California

    I have Court tomorrow so an answer would be GREATLY apprecieated. I am being charged with Drinking under age and False information (ID)

    Heres the DL

    I was Chilling on a bench at my local beach having a Beer before i went out to surf. I was pretty much drunk so i didnt spot a Ranger that was creeping up in time to get rid of the beer. :mad: Ok so Im questioned, I dont have a job, and i REALLY didnt want/need this ticket. I gave the ranger the info off an ID i had found, which was a person who was over 21. ( I did not show the actuall ID) I ended up being off by 2 days so that was a bust.

    I was simply having a beer, no harm, i wasnt roudy, i was in good spirit....

    Im trying to figure out what a course of action would be, And what kind of sentence i am looking at with no priors?

    And would an attorney do me any good? I understand these charges are pretty much straight foward, I was drinking in public so BAM, reasonable cause, ive got nothing there. But will it help to describe my situation with no job and me trying to get into college? How this money would take food away with the limited resources i have?

    THANK YOU
  • 09-01-2009, 07:38 AM
    Mr. Knowitall
    Re: Giving False Information to an Officer
    You were charged with both public intoxication and providing false ID to the officer? Or what?

    You seem to have been caught dead to rights. What defense do you think you could offer?
  • 09-01-2009, 10:35 AM
    cdwjava
    Re: Giving False Information to an Officer
    What code sections were you cited for?

    - Carl
  • 09-01-2009, 07:52 PM
    LucidSid
    Re: Giving False Information to an Officer
    Defense? I think im just going to say that i want to emphasise that i have no priors, and that i dont have a job so i really cont pay for a ticket. That it was a dumb mistake i made i made while slightly intoxicated, and that it wont happen again.? Maybe i shouldnt say anything and plead guilty though.... OR maybe i should simply ask if there are different degrees of false information just to point out that im low on the scale there. Im still thinking about it...

    Codes?

    I think it says : PC 8.9 (2) False ID and 13CP 25662(2) MP (MTP?) , its really fadded....
  • 09-01-2009, 08:23 PM
    KeyWestDan
    Re: Giving False Information to an Officer
    There is no legal defense to what you did, per se.

    You basicly have to rely upon the mercy of the court. Or, perhaps, the officer will not show up, in which case, ask the judge to dismiss the charges.

    If you are charged with a crime, you have the right to an attorney. The attorney should advise you.

    Personally, I would mention to the court that you are a responsible person, you do not drink to excess, and for that matter do not usually drink. I would point out that the offense you are charged with is a status offense. It would not be a crime if you were an adult. If you were in the military, I would mention the hypocrisy of giving one's life and limb in service of the country and not being able to buy a damn beer. Again, it is not an offense an adult could be charged with. The false id statement was just bad judgment and young people are well known for bad judgment. Promise to be more truthful in the future.

    I would tell the judge that having any criminal offense on one's record is a serious issue to a person's future and will come back to haunt them in the future in untold ways and you would really appreciate it if the court could find a way to remove this charge through a diversion program or in some other way.

    In many jurisdictions, really minor stuff like this can be charged as a municipal ordinance violation which is a civil offense and has no criminal record and the only penalty is a fine. (You can ask for additional time to pay a fine.) There is no probation or any penalty other than a fine. A regular police officer has the option of writing a civil violation rather than making it a criminal offense.

    However, if you get arrested by a state employee such as a University police officer, a park ranger, state patrol, then the municipal violation is not an option. The prosecutor HAS TO charge it as a criminal offense, he has no discretion to reduce it to a municipal ordinance violation. Mentioning this to the judge and asking for a civil like penalty is something really that an attorney should do, but you could give it a shot, if the city has municipal civil violations.
  • 10-14-2009, 02:22 AM
    stoic
    Re: Giving False Information to an Officer
    It wouldn't reduce the consequences at all.

    The fact that you have limited resources should
    have only made you more cautious about the
    choices you make in life.

    I've heard of community service being sentenced to
    people in lieu of cash fines, but, you have to remember
    that you are completely at the Court's mercy.
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