What should at I do if I am being federally accused of using a fake ID? 21 Answers as of June 14, 2011

I work for a US military base. I forgot my CAC at the office one day and used a photocopy of it at the gate when returned to work. The guard said I was using a fake ID, and the base police cited me for violating “18 USC 701”, “18 USC 1028 (A) (1)”, and “18 USC 1028 (A) (2)”. What should at I do?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Clifford Clendenin & O'Hale, LLP
Clifford Clendenin & O'Hale, LLP | Locke T. Clifford
Talk to an attorney who regularly appears in federal court in that district.
Answer Applies to: North Carolina
Replied: 6/14/2011
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
You should consult with an attorney who practices in the federal court system. You may have a defense to the charge.
Answer Applies to: Kansas
Replied: 4/19/2011
The Law Office of Kevin O'Grady
The Law Office of Kevin O'Grady | Kevin O'Grady
Hire an experienced criminal defense attorney immediately. Especially one that is familiar with a CAC.
Answer Applies to: Hawaii
Replied: 4/18/2011
Timothy J. Thill P.C.
Timothy J. Thill P.C. | Timothy J. Thill
Contact an attorney who practices in the Federal courts. I would imagine he can get you out of this charge by showing the prosecutor your valid ID, which was valid on the date in question.
Answer Applies to: Illinois
Replied: 4/18/2011
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
The charge under 18 U.S.C. 701 carries a sentence of up to six months. The charges under 18 U.S.C. 1028 both carry a sentence of up to one (1) year. I suggest that you employ the services of an attorney.
Answer Applies to: Alabama
Replied: 4/18/2011
    The Law Offices of Gabriel Dorman
    The Law Offices of Gabriel Dorman | Gabriel Dorman
    Immediately contact an experienced federal criminal defense attorney to fully and properly evaluate your case. Good luck.
    Answer Applies to: California
    Replied: 4/18/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    You should hire an attorney since this is a federal charge.
    Answer Applies to: New York
    Replied: 4/18/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    By cited it means you have been charged with a federal crime, then. When arrested or charged with any crime, the proper questions are, can you be convicted, and what can you do? While this isn't a 'capital case', you certainly face potential jail and fines, so handle it right. Effective plea-bargaining, using your defenses and sympathies, could possibly keep you out of jail, or at least dramatically reduce it. Go to trial if it can't be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict and jail you. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel, feel free to contact me. Ill be happy to help use whatever defenses there may be.
    Answer Applies to: California
    Replied: 4/18/2011
    Giannini Law Office, PC
    Giannini Law Office, PC | Robert Giannini
    I have only one piece of advice for you in this situation: you need to hire an attorney who practices federal criminal law. And let me tell you this: I don't practice in the federal courts, so I am not in anyway looking for business for me out of this. The feds don't play nice. You do not want to try to figure this out yourself. Lawyer up.
    Answer Applies to: Georgia
    Replied: 4/18/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    You should hire an experienced federal criminal defense lawyer. If this is the whole story, then it is likely that you would not risk a serious conviction. A judge still has to accept these charges and if they are deemed to be incorrect, then they can be dismissed. If you are seeking representation in this matter in Louisiana, we invite you to contact our firm at the information on this page for a free case evaluation.
    Answer Applies to: Louisiana
    Replied: 4/18/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Talk to an attorney. I am unsure of the statute you violated, but it could be serious enough to jeopardize your job and access to the facility. An attorney can pull up the statute and see the seriousness of the offense.
    Answer Applies to: Alabama
    Replied: 4/18/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    This sounds like a purely technical violation, since you actually had a legitimate ID and this was obviously a photocopy of it. I suggest you speak to a JAG officer and first ask if there is any conflict of interest representing you in this case because they may also be the very ones who are charged with prosecuting you. If they say there is a conflict of interest, then you'll have to hire an independent attorney (preferably one who has worked in the JAG office before leaving the service) to represent you. If you're telling everything as it actually was, then you probably don't have a big problem on your hands. If not, then you may have problems. Speak to an attorney. Good luck.
    Answer Applies to: New York
    Replied: 4/18/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    Get legal counsel immediately. Stay well.
    Answer Applies to: Alabama
    Replied: 4/17/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    Consult an attorney. You will need to be represented in federal court.
    Answer Applies to: California
    Replied: 4/17/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    I am a former federal prosecutor for over twenty years and currently practice as a criminal defense attorney with my son. I recommend that you retain an experienced criminal lawyer sho has experience in federal court as soon as possible. You have evidently been charged with a federal felony offense and you really need an experienced lawyer to sit down with you to begin discussing all your rights and options. Good luck!
    Answer Applies to: Georgia
    Replied: 4/17/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    You need to get a lawyer, does not appear that any crime was committed, yet only a lawyer reviewing the paperwork will be able to truly tell.
    Answer Applies to: Nebraska
    Replied: 4/17/2011
    The Law Offices of Mark Kotlarsky
    The Law Offices of Mark Kotlarsky | Mark Kotlarsky
    Hopefully, the prosecutor will decline to file charges in the Court. It is unlikely, unfortunately. When you are notified about the the trial, you need to contact an attorney. You can call my office at 301-765-1855 when you know the trial date.
    Answer Applies to: Maryland
    Replied: 4/17/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    Since it was your real ID and there was no fraud or intent to commit a crime the case will probably be reduced. You will get a military lawyer and he will handle the plea. There will probably be no jail sentence.
    Answer Applies to: New York
    Replied: 4/15/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    Look into hiring an attorney. This should be easily resolved.
    Answer Applies to: California
    Replied: 4/15/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Appear in court and explain that to the judge. If you are telling the truth, and you have not altered the photocopy, you should be fine.
    Answer Applies to: Georgia
    Replied: 4/15/2011
Click to View More Answers:
12 3 4 Free Legal QuestionsConnect with a local attorney