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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 25429
Experience:  10+ years defending Misdemeanor and Felony cases.
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My son is being charged with elegal possession of identifing

Resolved Question:

My son is being charged with elegal possession of identifing information can you tell me how much time he is looking at.Its the first time he has been in troble.
Submitted: 8 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 8 years ago.
Can you please explain your son's situation a little more. I am not sure I understand the crime for which he is charged.
Customer: replied 8 years ago.
When stoped by mcpd he had checks and ID 's of other people.
Expert:  CrimDefense replied 8 years ago.

Your son could be charged under Texas Penal Code, 32.51. This is a State Jail Felony. The maximum penalties for a State Jail Felony, are the following. However, since you son has no prior record, it is possible a plea bargain could be worked out with the prosecutor, to avoid jail time and impose a probationary sentence. Moreover, restitution could be ordered, to pay back the victim(s).


§ 12.35. STATE JAIL FELONY PUNISHMENT. (a) Except as provided by Subsection (c), an individual adjudged guilty of a state jail felony shall be punished by confinement in a state jail for any term of not more than two years or less than 180 days.
(b) In addition to confinement, an individual adjudged guilty of a state jail felony may be punished by a fine not to exceed $10,000.
(c) An individual adjudged guilty of a state jail felony shall be punished for a third degree felony if it is shown on the trial of the offense that:
(1) a deadly weapon as defined by Section 1.07 was used
or exhibited during the commission of the offense or during
immediate flight following the commission of the offense, and that
the individual used or exhibited the deadly weapon or was a party to
the offense and knew that a deadly weapon would be used or
exhibited; or
(2) the individual has previously been finally
convicted of any felony: (A) under Section 21.02 or listed in Section 3g(a)(1), Article 42.12, Code of Criminal Procedure; or (B) for which the judgment contains an
affirmative finding under Section 3g(a)(2), Article 42.12, Code of
Criminal Procedure.


(a) In this section:
(1) "Identifying information" means information that alone or in conjunction with other information identifies an individual, including an individual's:
(A) name, social security number, date of birth, and government-issued identification number;
(B) unique biometric data, including the individual's fingerprint, voice print, and retina or iris image;
(C) unique electronic identification number, address, and routing code, financial institution account number; and
(D) telecommunication identifying information or access device.
(2) "Telecommunication access device" means a card, plate, code, account number, personal identification number, electronic serial number, mobile identification number, or other telecommunications service, equipment, or instrument identifier or means of account access that alone or in conjunction with another telecommunication access device may be used to:
(A) obtain money, goods, services, or other thing of value; or
(B) initiate a transfer of funds other than a transfer originated solely by paper instrument.
(b) A person commits an offense if the person obtains, possesses, transfers, or uses identifying information of another person without the other person's consent and with intent to harm or defraud another.
(c) An offense under this section is a state jail felony.
(d) If a court orders a defendant convicted of an offense under this section to make restitution to the victim of the offense, the court may order the defendant to reimburse the victim for lost income or other expenses, other than attorney's fees, incurred as a result of the offense.
(e) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law.

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