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i was charged with a California PC 148.9a, false identification

Customer Question

i was charged with a California PC 148.9a, false identification to a peace officer but I have a clean record and never been in trouble in my life. What do I face?
Submitted: 4 years ago.
Category: Legal
Expert:  Ely replied 4 years ago.
Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



Can you tell me more about the background of the charge?



Customer: replied 4 years ago.
Well, its in the state of California, and I had been drinking which is not legal of course. But I was not written up for a MIP because I had nothing with me. The police officers brought me out of a Portuguese Festival Hall and told me to walk with them outside. I walked outside with them and they asked me if I had anything to drink in which I had a couple but wasn't enough to be completely drunk. I showed them a fake ID in which I had gotten previously about 2 hours before I got caught. I did not go to this festival just to get an ID, while I was there, a person asked me if I wanted to use them in which I didn't refuse...and I should have. Regardless, they took walked me across the street to where the police station was, never reading my miranda rights. Once inside, told me I was arrested but never cuffed me, then took my picture. They said that I should have gone to jail but they didn't "feel like taking me" because the jail was about 20 minutes from this substation. They then released me to my sister who was 21 years old at the time who was there with me. I was 19 at the time and 20 now, I also have a clean record and I do lots of community service if that counts. I'm really freaking out. I want to make it clear that my offense was only PC 148.9a in California and no other charges were filed against me. Thank you
Expert:  Ely replied 4 years ago.
Because this is a first time offense, and b/c of your youth, you are a good candidate for something called deferred adjudication. Deferred adjudication (also known in some counties as "diversion") is a type of probation that does not go on your record as a conviction. The probationary period usually consists of community hours, a few self-improvement classes geared towards the offense, drug tests, etc. Time period varies depending on charge and deal worked out with the defense. Now, def.adj. does go on your record, but not as a conviction, and once you complete it, it can be wiped from your record either with a Motion for Expungement or Motion for Sealing of Record (depending on your state). Have your attorney ask for this, or ask yourself if for some reason you are not afforded an attorney and choose not to retain counsel. This is a good program, and the worst thing the DA can say is “no,” but even then, you begin talking about bringing the charges down, etc. You’ll be surprised how willing the DA will be to work with you – they often have a full docket and they’ll be happy to “move” your case to make room for more serious matters.

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



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Customer: replied 4 years ago.
Well, I have read up a lot on expungement and is it very likely that I can get this wiped off my record? Also, because I was not read my Miranda Rights but they said that I was arrested, is it possible that I might get off with nothing at all? This is in the state of California.
Expert:  Ely replied 4 years ago.
Miranda Rights only apply to anything you say after the arrest, so if you confess but were not read your rights, the confession can be tossed. It does not invalidate the arrest or charge.And yes, if you get def.adj., you can get it wiped.

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



I hope you found my answer helpful, and if so please click on the GREEN ACCEPT button for my answer. This is the only way for me to get credit for my work. Understand that when you put in your payment info, you still have not paid until you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



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Customer: replied 4 years ago.
Well thank you very much for your help and just one more clarification, what is the possibility in your opinion of being dismissed from the court? Because it is such a low offense?
Expert:  Ely replied 4 years ago.
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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87079
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 13 other Legal Specialists are ready to help you
Expert:  Ely replied 4 years ago.
Thank you. Outright dismissal is unlikely since they have hard evidence.
Expert:  Jim Reilly replied 4 years ago.

California has no program of "deferred adjudication", though there is a misdemeanor diversion process available under Penal Code sections 1001-1001.9. This is a uniform state-wide program and is not dependent on what county the offense was committed in.

 

Whether or not misdemeanor diversion will be granted is determined by the court, not the district attorney (who can oppose a grant of diversion, but cannot deny it). Upon request of a first offense misdemeanor defendant, the court will refer for a diversion eligibility report by the probation department and will usually follow the PO's recommendation to divert or not.

 

California has no process of "expungement". There is a process for sealing of criminal records under Penal Code section 851.8, subd. (b), but a grant of record sealing requires the court to make a finding of factual innocence, which would be most unlikely in this situation.

 

Under Penal Code section 1001.9, subd. (b), successful diversion does allow the person diverted to state that he was not arrested for the diverted offense, except in response to questions contained in applications for law enforcement positions.

 



Edited by RunTam38 CA lawyer on 2/15/2010 at 1:29 PM EST

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