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  1. #1
    Join Date
    Feb 2012
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    4

    Default Assisting a Minor in Misrepresentation of Age or Identity

    My question involves criminal law for the state of: Illinois

    I was recently was given a city ordinance violation for assisting a minor in misrepresentation of age or identity.

    what hat happened was, i went to the bar with two friends one was 21 and the other was 19(to get in to the bars in this town you need to be 20). I went into the bar with the 19 year old assuming she already had a fake id. when we got in she handed me the other girls id that she had used as her own id. i took the id and went outside and found the other girl outside i gave her the id and tried getting back into the bar. a police officer tapped me on the shoulder and told us both to come talk to him. The officer believed that i was passing a fake id to the 21year old but after attesting the police officer he realized that it was actually her id he let us go.... two hours later myself the 19 year old and the 21year old girl were sitting at a table and the same officer from before saw us and claimed preponderance of the evidence that the girl we were sitting with was the girl who used the id (which is true). He escorts us outside and after standing in handcuffs outside in the middle of winter watching the police and the two girls in the car in laughing about something the police officer decided to issue me a ticket for Assisting a minor in misrepresentation of age or identity. This is the ordinance as it is stated in the city municipal code effective as of 2011.


    Assisting minor in misrepresentation of age or identity.
    (a) It shall be unlawful for any person to give, sell or furnish to any person under 21 years of ageany altered, false or fraudulent written, printed or photostatic evidence of age and identity.

    (b) It shall be unlawful for any person to give, sell or furnish to any person under 21 years of age
    any written, printed or photostatic evidence of age and identity of any other person for the
    purpose of misrepresenting the age and identity of the person under 21 years of age.

    (c) Every licensee and every employee or agent of such licensee who, as a part of his duties or
    employment with the licensee, tends bar, sells, serves, or dispenses any alcoholic liquor, or
    checks identifications of patrons shall receive appropriate training, including training in properly
    identifying persons, identifying and handling intoxicated persons, and recognizing false or
    fraudulent identification; the training shall be done at the start of employment and as needed
    during the employment period.

    (d) The penalty for a violation of this section shall be a fine of no less than $250.00 and no more
    than $750.00.




    My question is can i be charged for this offence if i never gave the 19 year old the 21 year old girl's id at any point in the night?
    Also something to consider is if the court can say i was aiding and abetting in this same case if i decide to go to court and fight this?

  2. #2
    Join Date
    Sep 2010
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    19,901

    Default Re: Assisting a Minor in Misrepresentation of Age or Identity

    You can be charged just because there is probable cause (and there appears to be plenty) that you were involved in this crime.

    But you are right, returning the ID, while certainly "assisting the minor in misrepresentation of age/identity" doesn't seem to fit the strict reading of the statute.

  3. #3
    Join Date
    Feb 2012
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    4

    Default Re: Assisting a Minor in Misrepresentation of Age or Identity

    but if i go to court and fight this with a lawyer, and some reason due to the narrow nature of the statute for what my ticket was based upon, get the ordnance dropped would they most likely charge me with something else that would better fit their case due to the high level of preponderance of the evidence, or would that be the end of it?

  4. #4
    Join Date
    Sep 2010
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    19,901

    Default Re: Assisting a Minor in Misrepresentation of Age or Identity

    Once the trial starts they can not switch the charge nor recharge you over the same incident.

  5. #5
    Join Date
    Feb 2012
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    4

    Default Re: Assisting a Minor in Misrepresentation of Age or Identity

    Should i fight this?

  6. #6
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    Sep 2005
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    98,846

    Default Re: Assisting a Minor in Misrepresentation of Age or Identity

    Quote Quoting Historic1
    View Post
    My question is can i be charged for this offence if i never gave the 19 year old the 21 year old girl's id at any point in the night?
    Also something to consider is if the court can say i was aiding and abetting in this same case if i decide to go to court and fight this?
    You have been charged with the offense, so the question of whether that's possible is already answered.

    You presumably have now seen the police report, which likely includes a statement by the 19-year-old or others pertaining to how the 19-year-old got the ID. Were you implicated?

    It is not unreasonable to infer from the circumstances that you were the one who provided the license to the 19-year-old, as you were the one who returned the license to its actual owner. The rest depends upon the evidence - known or available to you, but unknown to us.
    Quote Quoting Historic1
    View Post
    Should i fight this?
    That's your decision to make. Are you working with a criminal defense lawyer yet? When it comes to deciding whether or not to plea bargain or go to trial, your lawyer is the best person to turn to.

  7. #7
    Join Date
    Feb 2012
    Posts
    4

    Default Re: Assisting a Minor in Misrepresentation of Age or Identity

    I have not received the report yet. I'm A broke college student so i am looking for a criminal defense lawyer

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