Being stopped and interrogated by law enforcement can be an unpleasant and unsettling experience for most people and is often a temptation to give false identity details. Many people do that either because they prefer to hide their real identity or because they prefer anonymity from legal authorities.
Unfortunately, experienced law enforcement officers are familiar with typical lying signs and will likely know when you lie to them. While giving the partially untruthful police information could seem like a minor issue with no legal consequences, that is untrue. Doing so could attract misdemeanor charges under Penal Code 148.9, negatively impacting your life after conviction.
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At the Law Offices of Anna R. Yum, we understand the impact of this offense conviction on your freedom and other aspects of your life. If you are arrested or charged with a PC 148.9 violation in San Diego, our credible criminal defense attorneys can help increase your chances of securing a favorable outcome.
What Penal Code (PC) 148.9 Entails
PC 148.9 prohibits and makes it illegal to give false identity details to a law enforcement officer when you are under arrest or lawfully detained. Specifically, this statute states that any person who falsely identifies or represents himself or herself as a fictitious person or someone else to a police officer after an arrest or lawful detention, either to evade proper identification or evade the court process, is guilty of a misdemeanor.
Here are critical facts you need to know about this offense:
- PC 148.9 only applies when you are lawfully arrested or detained. That means you are not legally obligated to provide your information to a police officer after casually meeting with him/her
- PC 148.9 only applies when a law enforcement officer is performing his/her legal duties and you are aware of it. For example, when you falsely identify yourself to an undercover police officer who did not identify himself or herself to you as a police officer, you would not be guilty of a PC 148.9 violation because you were not intentionally avoiding an investigation
- “Falsely identifying or representing yourself” refers to falsely providing any details that a law enforcement officer can use to identify you, including giving him/her a fake date of birth, address, ID, or name
Examples of Scenarios That Could Attract PC 148.9 Charges
Below are a few scenarios when the police could arrest you for an alleged PC 148.9 violation:
- A police officer pulls over Tim on suspicion that he is driving under the influence. After failing a field sobriety test and recording high BAC (blood alcohol concentration) levels on the breathalyzer test, the police officer decides to arrest him. After an arrest for an alleged DUI offense, Tim decides to give the police officer a fake ID. In this case, the prosecutor can charge Tim with a PC 148.9 violation
- Ben is under arrest on suspicion that he is trafficking illegal drugs, and he did not carry his ID. When the police officer asks for his name, Ben gives someone else’s name or a made-up name. In this case, the prosecutor can file PC 148.9 charges against Ben
What to Expect at the Arraignment Following an Arrest for an Alleged PC 148.9 Violation
Following an arrest as a suspect in a PC 148.9 case, the police will take you to their station for booking and processing before your case arraignment. The booking process entails the following:
- Capturing of your legal name, the details of the allegations you are facing, and your date of birth
- Thorough search of your person and confiscation of your personal items
- Health check
- Fingerprint and mugshot taking
After this administrative process, the police will detain you in jail pending your case arraignment, which should occur within forty-eight hours, excluding the holidays and weekends. The arraignment will be the first time you see a judge following your arrest for an alleged PC 148.9 violation.
However, your appearance during this proceeding is not mandatory sometimes, meaning your attorney can show up on your behalf. During this hearing, the following will happen:
- The judge will inform you of your constitutional rights
- The judge will formally charge you with a PC 148.9 violation
- The judge will allow you to enter a plea of your choice, including “no contest,” “guilty,” and “not guilty” pleas
- Your criminal defense attorney will request an Own Recognizance release or reduction of your bail
While the arraignment should typically occur within forty-eight hours, upon request, the judge could “continue” or postpone this hearing for a reasonable time frame. For example, the court could agree to postpone your arraignment if you need extra time to meet and consult with your criminal defense attorney after learning about the allegations.
An Overview of The Pretrial Process When Charged With an Alleged PC 148.9 Violation
Even though a PC 148.9 is a misdemeanor, the pretrial process could significantly influence the outcome of your case. The pretrial hearing will be your second court proceeding after the arraignment. During this stage of the criminal process, your criminal defense attorney will work with the prosecution team to resolve your PC 148.9 charges while preparing for the trial.
Here are key facts you ought to know about the pretrials when you or a loved one has PC 148.9 charges:
- The pretrial processes start soon after your arrest, and choosing a “not guilty” plea
- In addition to having an opportunity for negotiating favorable plea bargains, the pretrial hearing is the time your attorney and the prosecutor will exchange their evidence (the discovery process)
- Your attorney can file pretrial motions, requesting the judge to make a ruling, including excluding specific illegally obtained evidence from your case
- Pretrial proceedings may take a few days to a year, contingent on the particulars of your unique case and the parties’ desire or willingness to reach a settlement
- Pretrial conferences between your attorney and the prosecution team can occur over the phone or in person, typically at the District Attorney’s (D.A.’s) office or in court
Since most criminal cases are resolved at this stage of the criminal justice system, understanding how to make the most of them is critical. After investigating your case, an experienced attorney will know the appropriate pretrial motions that could work in your favor to secure a desirable outcome. Common pretrial motions your attorney could file at this stage of the court process include the following:
- Motion to dismiss — Your attorney can file this evidence if the prosecutor’s evidence lacks probable cause to support his/her PC 148.9 charges against you
- Motion to suppress — As the name suggests, this motion requests the judge to disregard or withdraw any evidence the prosecutor or D.A. has that the arresting officers illegally obtained from you. If this motion works in your favor, the D.A.’s case against you will weaken
- The “Pitchess” motion — This motion requests the details in the arresting officer’s file to determine his/her work history. If the arresting officer has a record of police misconduct or complaints, your attorney can use that to challenge his/her credibility and sometimes persuade the prosecution team to drop your case
- A Serna motion — This motion requests the court to dismiss your PC 148.9 charges because the prosecutor breached your legal rights to a speedy trial. The court is more likely to grant this motion if the prosecution team caused that delay through negligence or deliberately
Hiring a seasoned criminal defense attorney with solid relationships with local prosecutors is key if you or a loved one has PC 148.9 charges. With aggressive legal representation, you could avoid the uncertainty of the trial hearing by resolving your case at the pretrial phase.
Elements of the Crime for a PC 148.9 Charge
At your trial, the prosecutor must prove specific facts, also known as “elements of the crime,” to secure a guilty verdict against you. To secure a PC 148.9 violation conviction against you, the prosecutor will bear the legal burden to satisfactorily prove the following facts beyond a reasonable doubt in front of a jury or a judge:
- You consciously and knowingly provided a fictitious or false name or someone else’s name to a law enforcement officer
- You did so after a lawful arrest or detention
- The officer was performing his/her legal duties, and you were aware or should have known that he/she was a law enforcement officer
- You had the intention of avoiding proper identification or a court process
The second element above is vital for a conviction under this statute because it is not unlawful to provide fake or false identity details to a police officer during a casual encounter or interaction. The court could dismiss or reduce your charges to a less serious offense if the prosecution team does not have evidence to satisfactorily prove these facts beyond a reasonable doubt.
Some of the evidence the prosecutor could present to secure a PC 148.9 violation conviction against you includes the following:
- Eyewitness testimonies
- Physical evidence, including the false ID
- Your confession or statements
- Circumstantial evidence, including your behavior
If this evidence and the prosecutor’s arguments prevail at trial, the judge or jury will convict you of a PC 148.9 violation. However, if he/she lacks sufficient evidence to prove the above facts, the court will likely dismiss or reduce your charges.
Whether a jury or a judge determines the verdict for your PC 148.9 charge depends on your case’s specifics and preferences. Your criminal defense attorney will help you determine the best approach for your case to increase your chances of securing the best possible outcome.
Potential Sentence You Could Receive After a PC 148.9 Violation Conviction
The court will determine the appropriate sentence at your sentencing hearing after a conviction at trial. Some of the key factors the court will consider when determining a fair sentence for your PC 148.9 violation conviction include the following:
- Your attorney’s mitigating arguments, including your lack of a criminal record, cooperating with the police, and expression of honest remorse for your behavior or acts
- The prosecutor’s aggravating arguments, including a record of repeated crimes or a lengthy criminal record
While these considerations help the judge determine the appropriate sentence, he/she has leeway in deciding the ideal sentence for your unique case. However, he/she must operate within the specifications of PC 148.9 and the set sentencing guidelines. Ultimately, the court will pronounce your sentence for a PC 148.9 violation conviction, which could include the following:
- A jail time of not more than six (6) months
- A fine not exceeding $1,000
- Summary or misdemeanor probation
Generally speaking, for any misdemeanor offense, including a PC 148.9 violation conviction, your sentencing hearing should occur within five days after a conviction unless you decide to waive this timeframe. The court could also extend this time frame due to special circumstances, such as:
- Consideration of a request for a new trial
- More time is needed to determine whether you are insane
- The probation officer’s recommendation is necessary to determine your ideal sentence
In most cases, you will receive your sentence immediately after a conviction or guilty verdict at trial for a misdemeanor offense.
Defenses to a PC 148.9 Charge
The legal defenses a criminal defense attorney uses to challenge a PC 148.9 charge aim to weaken the prosecutor’s evidence against you. The court will not convict you of a PC 148.9 violation without adequate evidence to support the abovementioned elements of the crime. To that end, here are some of the suitable legal defenses that could work to your advantage to secure a favorable outcome:
You Were Not Arrested or Detained
Recall, for a PC 148.9 violation conviction, the prosecution team must prove that the police had lawfully arrested or detained you. Therefore, the court cannot convict you under this statute if you disclosed your false identification during a casual interaction or conversation with a law enforcement officer.
Your attorney will rely on surveillance videos, eyewitness accounts, and police dashcam and bodycam footage to prove to the court that the law enforcement officer had not arrested or detained you. The court could drop your case if the order of events as they unfolded is in your favor.
You are a Victim of False Allegations
When you provide the arresting officer with your original ID, but he/she has a false belief that you provided him/her with a fake one or that of someone else, the allegations you are up against are false. Even the judges understand that it is not uncommon for people to face wrongful convictions for crimes they did not commit.
If your attorney has evidence to support this legal defense argument, the court could dismiss or reduce your charges.
Your Acts Were Unintentional
If you had a fake ID and a genuine ID with you and you mistakenly or accidentally handed the officer the wrong one, you would not be guilty of a PC 148.9 violation. The stress and the anxiety caused by an arrest or detention could sometimes make you disclose false information to a police officer, unknowingly or unintentionally.
However, if you had no criminal intention of misleading the arresting officer by providing him/her with false identity details, that would not be unlawful under PC 148.9. If this legal defense works to your advantage, the court could dismiss or reduce your sentence after a conviction.
Your Arrest or Detainment Was Unlawful
If the police officer illegally arrested or detained you, your attorney can file a motion to suppress any evidence he/she obtained from the incident. Generally, the court will consider any illegally obtained evidence as inadmissible, meaning the prosecutor cannot apply it against you to secure a PC 148.9 violation conviction against you.
The Police Performed an Illegal Search and Seizure
Warrantless or illegal searches are a common form of police misconduct and could negatively affect your PC 148.9 case. If you are a victim of an unlawful search and seizure by the police, your attorney can request the judge to suppress any illegally obtained evidence for the possible outcome.
The Officer Was Not on Duty or Performing Legal Duties
As mentioned in the previous paragraph, disclosing false identity details to a police officer during a casual conversation at a restaurant or anywhere is not illegal under PC 148.9. Therefore, the court will not convict you under this statute if the officer you disclosed the false information to was not on duty or acting in the course of his or her duties.
The Prosecutor’s Evidence is Insufficient
If the prosecutor does not have clear evidence to prove all the elements of the crime beyond a reasonable doubt, the judge will likely dismiss your case.
Crimes Related to a PC 148.9 Charge
Several other offenses are closely linked to a PC 148.9 charge because they share similar or related elements of the crime, which the prosecutor must prove at trial. Examples of these crimes include (but are not limited to) the following:
False Impersonation
Impersonating someone is a crime under PC 529, and it means using his/her likeness, identity, or name to cause harm or gain an advantage, like securing employment or credit. For example, using another person’s identity to secure credit or a loan could attract charges under this statute.
To secure a PC 529 violation conviction against you, the prosecutor must prove with clear evidence that you falsely identified yourself as someone else and gained some benefit from the act or caused him/her to suffer a form of liability.
A conviction under this statute may result in felony or misdemeanor penalties, depending on the specifics of your case. After a misdemeanor PC 529 violation conviction, your sentence could include a fine not exceeding $10,000, summary probation, or a jail term not exceeding one (1) year.
However, when charged with a felony PC 529 violation, you could face the following legal punishment after conviction:
- A fine amounting to up to $10,000
- A jail term of up to three (3) years
- A felony probation
Resisting an Arrest
PC 148 (a)(1) makes it a misdemeanor offense to delay, resist, or obstruct a police officer or an emergency medical technician (EMT) when he/she is performing his/her legal duties. To secure a conviction against you for this violation, the prosecution team must prove the following at trial:
- You delayed, resisted, or obstructed an EMT or a police officer
- You did that when he/she was performing his/her legal duties
- You were aware or should have known that he/she was performing his/her legal duties
- Your behavior or conduct was willful, meaning you did it on purpose
Following a conviction, your penalties could include a fine not exceeding $1,000 and up to one (1) year of jail time. However, with the legal help of a skilled attorney, the court could agree to a summary probation as an alternative sentence instead of jail time. Terms and conditions of your summary probation will often include performing community service and enrolling in a counseling session.
Find a Criminal Defense Attorney Near Me
If you are under arrest or charged with a PC 148.9 violation, having a skilled and reputable criminal defense attorney can mean the difference between a conviction, a dismissal of your case, or a lighter sentence. We at the Law Offices of Anna R. Yum understand how difficult and perplexing it can be to appear before the legal system as a suspect in a PC 148.9 case.
When you find yourself in this situation, our attorneys can help challenge the allegations you are facing to secure a favorable outcome. We invite you to call us at 619-493-3461 to discuss the details of your unique case with our reliable criminal defense attorneys, wherever you are in San Diego.
