If you are confronted by a police officer during a traffic stop, on the street, or at your home, you might have concerns about how to handle the encounter. Although a private citizen generally should avoid engaging in a discussion with a police officer, it is never advisable to lie to the police. Law enforcement authorities have the legal right to stop an individual and inquire further if the officer has “reasonable suspicion” to believe an individual is engaged in criminal activity based on “articulable facts.” This extremely brief form of interaction, which is referred to as a “Terry Stop,” is based on the landmark ruling by the U.S. Supreme Court in Terry v. Ohio. The Terry decision authorizes the officer to request identification and engage in a brief inquiry about an individual’s activities.
If an individual is confronted by a police officer who requests identification, the worst response is to provide false information. An individual who provides false identification to a police officer, such as a false name or address, can be charged with a misdemeanor offense under Penal Code Section 148.9 (PC 148.9). This provision makes it a criminal offense to knowingly or intentionally represent false identification information to a law enforcement officer with the purpose of evading the obligation to provide proper identification or to circumvent the court process. The type of false information that usually will amount to a violation under this provision generally includes a fake name, birth certificate, birthdate, or other information that would support a false identity.
A conviction under California PC 148.9 constitutes a misdemeanor that carries a maximum punishment of up to six months in county jail and substantial fines. Despite this potentially significant punishment, the judge has considerable discretion to impose a lesser sentence that might not include any jail time depending on the defendant’s prior criminal record and surrounding facts and circumstances.
By way of example, a motorist might be pulled over by an officer who notices the driver weaving between adjacent lanes. When the officer asks the driver his name, the motorist responds by providing the fictitious name “Bill Smith” because the driver knows he has an outstanding arrest warrant. These facts might result in an arrest and prosecution for Providing a False Identity under PC 148.9.
Given a slight change in the facts where the motorist who is stopped gives the name of his brother who has no outstanding warrants, the individual might be charged with California Penal Code Section 529 (PC 529) False Impersonation. This more serious offense involves impersonating another actual living person. This offense requires a second act beyond the impersonation of another actual person. This additional act might be signing a notice to appear in court. An example of this offense might be a girlfriend appearing in a bail bonds office pretending to be the mom of an arrestee to secure bail for her boyfriend by signing the mom’s name.
False impersonation under PC 529 is a “wobbler,” which means that the prosecutor can charge either a felony or misdemeanor depending on the facts or circumstances. When the offense is charged as a misdemeanor, the offense carries a punishment of up to a year in jail and/or a fine up to $1,000. If the crime is charged as a felony, the offense can carry a punishment of 16 months, 2 years, or 3 years incarceration, and a maximum fine up to $10,000.
If you have been charged with providing false identification or a related offense, our Criminal Defense Lawyer in San Diego provides a passionate defense of those accused of misdemeanors and felonies. The Law Office of Ashby Sorensen is devoted exclusively to representing individuals charged with criminal offenses. Call Ashby today at (858) 999-6921 to schedule a free consultation.
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