What are the charges and sentencings for using someone elses identity on a traffic ticket? 8 Answers as of January 12, 2011

My fiance was pulled over while driving my moms car. He knew his license was suspended and so to keep from getting another ticket and possibly having the car towed he used his brothers name birthdate and address. They look a lot alike and his brother has a clean record. His brother pressed charges and my fiance was taken in on a warrant that was put out. What are the charges he is going to face as well as possible sentencings. He has no prior convictions and no prior arrests for identity theft. We live in California. Should I bother getting a lawyer? Is it possible that they will lower the charges from being felonies?

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Goodman, Dicus, and Teinert, LLP
Goodman, Dicus, and Teinert, LLP | Paul M. Teinert
Your fiance definitely needs an attorney. Many times this is charged as a felony.

Feel free to call our office if you have any questions.
Answer Applies to: California
Replied: 1/12/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
The charges are whatever specific code sections the DA files against him. The potential penalties depend upon what felony or misdemeanor charges are filed. He potentially faces a year in jail on any misdemeanor, multiple years in prison on a felony. Anything is possible in plea bargaining, including getting felonies reduced to misdemeanors where appropriate. Unless you're competent to effectively represent yourself in court against a professional prosecutor trying to put you in jail, most people hire an attorney who can. If you get serious about doing so, feel free to contact me.
Answer Applies to: California
Replied: 1/12/2011
Law Offices of Ryan P. Murphy
Law Offices of Ryan P. Murphy | Ryan P. Murphy
You need to hire private counsel. He faces prison time when felonies are involved.

It sounds like your fianc needs to stop driving, get his license back, and take care of a few issues.

Should you have any questions or concerns, feel free to contact my office at your earliest convenience.
Answer Applies to: California
Replied: 1/12/2011
The Law Offices of Robert L. Driessen
The Law Offices of Robert L. Driessen | Robert L. Driessen
Hire an attorney to assist him. He could be looking at a number of charges for the identity theft as well as the 14601 that he was trying to avoid.
Answer Applies to: California
Replied: 1/11/2011
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
He most certainly needs a lawyer. These types of cases (using someone else's identity when being arrested) are often filed as felonies. A reduction to a misdemeanor is one goal, among many.
Answer Applies to: California
Replied: 1/11/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Get a lawyer. This is serious. Even if it is reduced to a misdemeanor it can be used if he gets another case as establishing that he perjured himself so his testimony can be disregarded. Same if he has to be a witness in someone else's case.
    Answer Applies to: California
    Replied: 1/11/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    I definitely recommend at least consulting an attorney in more detail than an email. Courts take identity theft cases very seriously. I would be happy to discuss this with you in further detail if you would like.
    Answer Applies to: California
    Replied: 1/11/2011
    Steven Mandell
    Steven Mandell | Law Offices of Steven Mandell
    Of course you should "bother" with a lawyer. If you needed surgery, wouldn't you want a doctor? It's exactly the same. If you do he can afford to, you should hire a private attorney. If he can't afford it, he will be provided with a public defender. If you'd like to talk to me about representing him, feel free to call.
    Answer Applies to: California
    Replied: 1/11/2011
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