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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
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Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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coming back from mexico to us i did not have passport .i had

Customer Question

coming back from mexico to us i did not have passport .i had to go through 5 hours investication .i present my driving license for verifition my identety .since the border ptrol went through my hand bag they found frudulent driving licence which is every thing is the same as original one except the year brith insted of 1948 it is 1963.i paid 50 dollers for this license it was made without my knowleg so one told me about it that there is driving license is out there thats way i got it .i have to tell you that my apartement been robed several time and that way they had accesse to my driving licese by the way i live in stockton ca well knowen for crime.after the bored found out that i am acitizen.befor they let me in us they call local plice and the nogales arizona police issue a traffic ticket and complaint the chares is frudulent licensc .i had to go to court since i was coming back to ca .i ask cout for telphone procedure judge wants me to talk to proscuter WHAT SHOULD I DO AND WHAT
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 5 years ago.
Customer

It sounds to me as if the prosecutor may be more interested in whoever provided you with a fraudulent driver's license than they are with you. So before you agree to discuss anything with a prosecutor, you should get yourself a criminal lawyer and speak to him about this. He can speak to the prosecutor on your behalf and then advise you of what to do, once he knows what they want from you.

If you are unable to afford a private criminal lawyer, you should ask the court to appoint you a public defender. The charge against you is a class 1 misdemanor. You can be fined up to $2.000, and up to 6 months in jail. You should not be talking to anyone but your lawyer until you know exactly how talking to the prosecutor can help or hurt you.

_____

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.





Customer: replied 5 years ago.

1-UNDER NO CIRCOMSTANSES I CAN OFFORED TO GO TO NOGALES ARIZONA

THATS WAY I ASK THE COURT FOR TELPHONIC PROCUTURE

2-THE PEARSON THAT I GOT THE DRIVING LICENSE IS IN A FEDRAL PRISON FOR MAKING THIS KIND OF DOCUMENT

3-I DID NOT GIVE ANY LAW INFORSMENT AS ID OR USE IT OTHER WISE .BESIDE WHAT COULD I DO TO THID DOCUMENT SINCE IT IS EXACTLY THE SAME AS THE ORIGINAL EXCEPT THE BIRTH YEAR AND THERE IS NO COMPLAIN AGAIST ME

 

Expert:  Zoey_ JD replied 5 years ago.
Customer

Before I respond to your last post, could you please answer two questions that will help me.

1) You crossed the border from Mexico without a passport. You were asked to show identification and showed a license. Was the license you showed them the fake license?

2) Do you have a date that you are supposed to appear in court.

Edited by FranL on 12/2/2009 at 10:31 PM EST
Customer: replied 5 years ago.

OF COURSE I SHOWED THEM MY REAL DRIVING LICENSE. THEY FOUND THE FAKE ONE AFTER GOING THROUGH MY HAND BAG.AND THEY ASK ME WHAT IS THIS I TOLD THEM IT IS A FAKE ONE .

THE INCIDENT HAPPEN ON 9/20/2009 .AND THE DATE THAT I SUPOSE TO APPER IN COURT ON THE TICKET SAYS 10/26/2009 .ON 9/25/2009 I GAVE LETTER TO COURT AND TALK TO JUDGE AND IN LETTER I MENTION I AM LIVING ARIZONA ON 9/28/2009 AND ON 10/1/2009 I AM GOING TO FRANCE AND FROM THERE I AM GOING TO IRAN FOR A YEAR MAY BE MORE .BEACUSE OF THE LOSS IN FAMILY I COULD NOT GO ANY WEHER .ON 10/20/09 I RECIVED MINUTE ENTRY/ORDER THAT SAYS IT IS POSSIBLE TO POST POUND FOR 30-45 DAYS NOT ONE AND HALF YEAR .AND THE COURT DATE WAS 11/3/2009 .SINCE I COULD NOTOFFORED TO GO TO ARIZONA ON 11/19/09 I SEND A LETTER TI JUDGE STATING IF IT IS POSSIBLE GRANT ME TELPHONIC PROCEDURE FOR MY CASE .ON11/24/2009 I RECIVED MINUTE ENTRY /ORDER FORM IT SAYS DEFENDENTCALL PROSECUTER AT THIS NUMBER AND IT ALSO SAYS WARENT PENDING NO COURT DATE ON FORM

Expert:  Zoey_ JD replied 5 years ago.
Seyed,

Thanks for your answer. I am happy to hear that you did have a real ID to show them. That was not clear from your first post. Still, because you also had the forged one, they charged you with a misdemeanor.

Arizona Revised Statute 28-3476 is the section of the law for which you were arrested. They would have to prove the elements listed in the statute to convict you, and maybe they could not do that. But that's a question of fact that would come out at trial. The case doesn't get thrown out just because you don't think you did anything wrong.

Criminal matters are not like civil cases. You are a defendant and you are expected to show up. The court answered your first letter and gave you a new date. You ignored the new date of November 3 and waited until the 18th of November to write to the court again and ask to appear telephonically. Your letter that told you to call the prosecutor also tells you that a warrant is now pending against you. That warrant is for your arrest.

You should call the public defender's office in the county in Arizona where your court is located, and ask them if they can contact the prosecutor for you and find out what he wants to speak to you about. Maybe the prosecutor will dismiss charges against you once he gets information about the person you got the license from (if that's what he wants from you). On the other hand, as there's a warrant for your arrest, he might want YOU.

Warrants never expire. Only the judge can make them go away, and almost always, the defendant has to be there when that happens. Otherwise, this warrant can cause you trouble anywhere in the country it turns up.

You are going to have to clear up this matter, which means calling the prosecutor. But you should not call without having a lawyer talk to the prosecutor first. If the Arizona public defender won't help you, try your local public defender's office and see if they'll contact Arizona for you.

_____

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.

Edited by FranL on 12/3/2009 at 12:04 AM EST
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 17331
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Zoey_ JD and 6 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.

THANKS A LOTFOR YOUR HELPFULL ADVISE . HAVE WOUNDERFULL DAY

SINCERLY YOURS

MEHDI NIROUMAND

Expert:  Zoey_ JD replied 5 years ago.
Thank you, XXXXX XXXXX good luck with your case.

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