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  1. #1
    Join Date
    Jul 2008
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    Default Fake ID in a Bank - Charged with Felony Forgery, Commercial Burglary and ID Theft

    My question involves criminal law for the state of: California

    Hello. I was recently charged with four felony counts in California.
    I walked into a bank with a Fake ID of a made-up person and asked to open an account. I did not and do not have any social security numbers. The DOB was not correct and neither did the DL license number match. The ID was bought off the street and the bank did not open the account. They spotted the Fake ID and called the police.
    I also had a bunch of other documents with me. It was a totally stupid thing to do but now I am facing four felony counts. I am not a criminal in the sense that I did not "intend to defraud". I did not intend to steal anyone's ID and even though I had access to several personal information from many people, I did not use any of it. Could that help me in the fact that I had the ability to do something more harmful but I didn't?
    I am being accused of forgery, two counts of identity theft and 2nd degree burglary. They all include the "intent to defraud" but I did not have the intent to steal from anyone. The people they are accusing me of trying to steal their identities from I don't even know. I didn't know they existed. I am thinking about contacting them to tell them what happened and that I had no intent to do anything against them. The bank didn't lose anything and the account was never opened. I was going to open it with my own money and it was a deposit account.
    However, I am afraid that the prosecution could probably prove beyond a reasonable doubt that I had the "intent to defraud" because the reason why i did this is very very stupid and no jury will believe how stupid I was. They will most likely believe the prosecution's story whatever that is.

    Plus, a trial will cost me a fortune. I had a clean record and no prior arrests. The DA is asking for maximum jail time (1 year) at this point but we haven't had the preliminary hearing yet. I am afraid I will lose the trial and don't want to go that route but then again I don't want to go to jail. What do you suggest?

  2. #2
    Join Date
    Nov 2007
    Location
    Dauphin County, PA
    Posts
    439

    Default Re: Fake ID in a Bank - Charged with 4 Felonies. Forgery, Commercial Burglary & ID Th

    The moment you stepped into a bank to open a account in a name other than yours, you intended to defraud the bank. So I would not attempt to use that excuse in court.

  3. #3
    Join Date
    Jul 2006
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    5,437

    Default Re: Fake ID in a Bank - Charged with 4 Felonies. Forgery, Commercial Burglary & ID Th

    Alex, get a lawyer.

    Be prepared to spend a lot of time in jail.

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
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    16,307

    Default Re: Fake ID in a Bank - Charged with 4 Felonies. Forgery, Commercial Burglary & ID Th

    I am not a criminal
    Then what are you?

    You tried to open a bank account with a fake ID - TOTALLY illegal. As noted, that IS intent to defraud - a criminal act.

    I did not intend to steal anyone's ID and even though I had access to several personal information from many people, I did not use any of it. Could that help me in the fact that I had the ability to do something more harmful but I didn't?
    "I could have stolen identities, but I didn't!" is not a mitigating factor. In fact, it might land you in even more trouble than you're already in. If you're possessed of a few neurons to smash together, keep your mouth shut about THAT particular bit of information.

    The people they are accusing me of trying to steal their identities from I don't even know. I didn't know they existed. I am thinking about contacting them to tell them what happened and that I had no intent to do anything against them.
    Except use their personal information - fraudulently obtained - to illegally attempt to open a bank account.

    Leave them alone. Do not contact them. Unlike sit-com land, or wherever it is you got the idea that contacting them would help you, these people are not going to say "Oh, OK! As long as you didn't mean any harm!" They're going to sue the hell out of you.

    They will most likely believe the prosecution's story whatever that is.
    Story?

    No. They have the bank employees who spotted the fake ID. They've got you on the bank security cameras trying to open a bank account with a fake ID.

    Your ONLY option is to get a lawyer.

  5. #5
    Join Date
    May 2008
    Location
    Louisville, KY
    Posts
    1,877

    Default Re: Fake ID in a Bank - Charged with 4 Felonies. Forgery, Commercial Burglary & ID Th

    If you punch some stranger walking by in the face with a gun, I seriously doubt the courts would buy the argument, "Well...I coulda shot them...but...I didn't really want to hurt them."

    Get a lawyer.

    ~Christina

  6. #6
    Join Date
    Apr 2008
    Location
    Texas (Dallas area)
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    Default Re: Fake ID in a Bank - Charged with 4 Felonies. Forgery, Commercial Burglary & ID Th

    Quote Quoting LawResearcherMissy
    View Post
    Then what are you?

    You tried to open a bank account with a fake ID - TOTALLY illegal. As noted, that IS intent to defraud - a criminal act.



    "I could have stolen identities, but I didn't!" is not a mitigating factor. In fact, it might land you in even more trouble than you're already in. If you're possessed of a few neurons to smash together, keep your mouth shut about THAT particular bit of information.



    Except use their personal information - fraudulently obtained - to illegally attempt to open a bank account.

    Leave them alone. Do not contact them. Unlike sit-com land, or wherever it is you got the idea that contacting them would help you, these people are not going to say "Oh, OK! As long as you didn't mean any harm!" They're going to sue the hell out of you.



    Story?

    No. They have the bank employees who spotted the fake ID. They've got you on the bank security cameras trying to open a bank account with a fake ID.

    Your ONLY option is to get a lawyer.
    Someone give Missy a prize, she deserves it. This is the best answer I have seen on this site in a long time.

  7. #7
    Join Date
    Mar 2007
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    9,096

    Default Re: Fake ID in a Bank - Charged with Felony Forgery, Commercial Burglary and ID Theft

    Just for kicks and giggles, why DID you want an account?

  8. #8
    Join Date
    Jan 2006
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    Default Re: Fake ID in a Bank - Charged with 4 Felonies. Forgery, Commercial Burglary & ID Th

    Quote Quoting FlyinHawk®
    View Post
    The moment you stepped into a bank to open a account in a name other than yours, you intended to defraud the bank. So I would not attempt to use that excuse in court.
    Time out!

    Since when is it illegal to use a name other than the name on your birth certificate.

    Haven't you ever heard of common law name change?


    I cannot remember the actor but long ago there was an actor that was well known (apparently not well enough for me to remember though) that was claimed to have bank accounts across the country in a variety of names. Are you telling me whomever it was was committing a crime everytime he used a different name?

    based upon the info the OP provided, this is obviously not within what I speak of but you did not say anything that would restrict the use of a stolen identity or using a name with intent to defraud. Your blanket statement is a bit off.


    btw; does anybody else think the OP is merely trolling along.

  9. #9
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: Fake ID in a Bank - Charged with 4 Felonies. Forgery, Commercial Burglary & ID Th

    They all include the "intent to defraud" but I did not have the intent to steal from anyone. The people they are accusing me of trying to steal their identities from I don't even know. I didn't know they existed. I am thinking about contacting them to tell them what happened and that I had no intent to do anything against them.
    You got busted with a stolen ID, just bc you didn't know it was stolen, doesn't mean squat. Ignorance is no defence (not a good one anyhow). You had to get it somehow. You don't need to know them, you also don't know where it was before you purchased it (or however you obtained it). You knew it wasn't your ID.

    I've personally been the victim of ID theft and fraud. If you called me up and tried to explain your story to me, you'd be in court defending a restraining order on top of the 4 felony charges. Don't make an attempt to contact the victim, you are asking for trouble.

    You need a GREAT lawyer. If you get convicted of any of the felonies, you may have a hard time obtaining employment for the rest of your life.

  10. #10
    Join Date
    Mar 2007
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    9,096

    Default Re: Fake ID in a Bank - Charged with 4 Felonies. Forgery, Commercial Burglary & ID Th

    Quote Quoting jk
    View Post
    Time out!

    Since when is it illegal to use a name other than the name on your birth certificate.

    Haven't you ever heard of common law name change?


    I cannot remember the actor but long ago there was an actor that was well known (apparently not well enough for me to remember though) that was claimed to have bank accounts across the country in a variety of names. Are you telling me whomever it was was committing a crime everytime he used a different name?

    based upon the info the OP provided, this is obviously not within what I speak of but you did not say anything that would restrict the use of a stolen identity or using a name with intent to defraud. Your blanket statement is a bit off.


    btw; does anybody else think the OP is merely trolling along.
    The difference in intent.

    Most of us have another name we are known by... we call it a nickname.

    The moment you present an ID that is not yours AS yours, we have a problem.

    It is not illegal to sign into the "no tell motel" as John Smith. It IS illegal to sign into the "no tell motel" by presenting an ID that says John Smith (unless, of course, your name IS John Smith).

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