California Penal Code 148.9 PC – False Identification to a Police Officer

California penal code section 148.9 is the crime of false identification to a police officer. Basically, penal code 148.9 PC makes it a crime for a person to knowingly falsely identify himself to an officer as either another person or as a fictitious person. If a person is convicted of violating PC 148.9, he faces up six months in county jail, as well as payment of a fine of up to $1,000. So, if you have been charged with providing false identification to the police, you should immediately contact an experienced Los Angeles criminal defense attorney at The H Law Group to represent you and keep you from going to jail. Schedule your free consultation today by filling out the contact form below or by calling us at 1 (213) 370-0404.

TEXT OF CALIFORNIA PENAL CODE SECTION 148.9 PC – PROVIDING FALSE IDENTIFICATION TO POLICE

According to California Penal Code Section, “Any person who falsely represents or identifies himself or herself as another person or as a fictitious person to any peace officer listed in Section 830.1 or 830.2, or subdivision (a) of Section 830.33, upon a lawful detention or arrest of the person, either to evade the process of the court, or to evade the proper identification of the person by the investigating officer is guilty of a misdemeanor.”

PROVING A PERSON GUILTY OF FALSE IDENTIFICATION TO A POLICE OFFICER IN VIOLATION OF PENAL CODE SECTION 148.9 PC

For the prosecution to convict a person of falsely identifying himself to a police officer in violation of PC 148.9, the prosecution must prove a number of elements beyond a reasonable doubt. If the prosecution fails to prove even one element, it will not be able to convict the defendant of this crime.

The prosecution must prove the following elements:

• The defendant knowingly provided the name of another person or a fake name
• To a police officer
• The defendant provided the false information after he was detained or arrested, and
• The defendant provided the false name to avoid properly identifying himself or to avoid the court process

Note: For this law to apply and for the defendant to violate it, the defendant must have been detained or arrested. Also, it is a crime for a person to provide a false birth date while a police officer is trying to identify the defendant.

PENALTIES FOR PROVIDING FALSE IDENTIFICATION TO AN OFFICER

If the prosecution convicts a person of providing false identification to a police officer in violation of PC 148.9, the person faces the following potential consequences:

• Conviction of a misdemeanor offense
• Imprisonment in the county jail for up to six months
• Payment of a fine of up to $1,000
• Placement on informal summary probation for three to five years

DEFENSE FOR FALSELY IDENTIFYING YOURSELF TO A POLICE OFFICER

If you have been charged with falsely identifying yourself to a police officer in violation of penal code 148.9 PC, there are a number of defenses that your attorney may be able to make to defend you. These defenses include the following:

• The defendant was not arrested, nor was he detained, as such, he should not be convicted of this crime because it only applies to persons who were detained or arrested
• The defendant is being falsely accused of providing false identification
• The defendant was a victim of an unlawful search or seizure

EXAMPLES OF PROVIDING FALSE IDENTIFICATION TO A POLICE OFFICER

John was convicted of a DUI and had his driver’s license suspended. One night as he’s headed home, a police officer runs his plate and stops him because he suspects that John is driving on a suspended license. When the police officer asks for John’s driver’s license, he states that he does not have his license and provides the police officer with a fake name. John can be charged with and convicted of falsely identifying himself to a police officer in violation of penal code 148.9 PC.

Adam is heading home after hanging out with some friends. He gets pulled over for speeding. When the police officer asks him for his name, he provides the police officer with his brother’s name because he has too many points on his license. Adam can be charged with and convicted of falsely identifying himself to the police officer.

EXPUNGEMENT

Since this is a misdemeanor offense, a person who is convicted of providing false identification to a police officer can petition the court to expunge (remove) the conviction from his criminal record. However, for a person to have the conviction expunged, he must have completed his sentence and the term of his probation. Also, he must not be serving a sentence for another criminal offense, and he must not have been charged with a different criminal offense at the time he petitions the court to have his conviction expunged.

CONTACT AN EXPERIENCED CRIMINAL DEFENSE ATTORNEY

If you or a loved one has been charged with presenting false identification to a police officer in violation of penal code 148.9 PC, you should immediately contact an experienced criminal defense attorney at The H Law Group to defend you and keep you from going to jail for a very long period of time. Our attorneys have handled thousands of cases, so they have the knowledge and experience necessary to achieve the best possible results for you. Schedule your free consultation today by filling out the contact form below or by calling us at 1 (213) 370-0404.