Lawyers- help!!
 

I have no idea what I'm going to do. This is kind of a long story so bear with me and please, any advice you can give me I would GREATLY appreciate!

A month ago, I got an open container citation in Morgantown. I have a really good fake ID, and I was drunk and not thinking, and gave that to the cop. I'll be 21 in a few weeks. I went and paid a $135 fine the next day and was told my numerous people that it was over and done with, so I didn't bother telling the girl whose ID it is.

A few days ago, I get a call from her saying she's getting in trouble with WVU for the open container, and we need to talk about it. We agreed that she'd say she lost her wallet last year (how I got the ID). I remembered that I put my cell phone number as the contact number on the citation, AND I paid with my own credit card. But my main concern was her getting out of control, so I told her do whatever she had to do and I'd deal with the repercussions.

She went and spoke to the police on Monday, explained her situation, and called and told me that they were pretty casual with her, so she didn't think they'd persue it anymore, especially since they already got their money.

I got a call from the police today. I ended up telling the officer everything (I said a friend had given me the ID and I couldn't remember who it is). He was very nice about it and told me the more I cooperate, the less severe my punishment will be. He was also surprised to find out that I had gone and paid the fine. On Monday, I'm going in there to meet with him. He told me I'd probably be given another citation for a fake ID.

My friends are all saying to hire a lawyer and go in there, my parents want to meet with him this Friday (even though he told me he was busy all week), and my parents just keep saying "DON'T SIGN ANYTHING." I have absolutely no idea what to do. I don't know if I'm getting in more trouble Monday or what. I'm also scared if my parents go in there Friday, I come off looking childish, like I need Mommy and Daddy to come help me out.

Can anyone please shed some light on this situation??

I can't give you legal advice and I'm not familiar with the laws of your state blah blah blah disclaimer -- however, as a former criminal defense attorney I will say in no uncertain terms DO NOT SPEAK TO THE POLICE AND DO NOT SPEAK TO A PROSECUTOR, UNLESS YOU KNOW WHAT YOU'RE DOING.

I wouldn't worry about looking childish in front of the police, but I don't think having your parents come with you will accomplish anything. The reality is that you're on the hook for whatever you told the cop. Assuming you get the citation, you can try making a deal -- I doubt an attorney is necessary for that, again, if you know what you're doing.

At this point, your main concern is probably whether and how this will affect you later in life. My guess would be that it wouldn't be a big deal, but I have no idea. FWIW, the worst thing that ever happened to me for an unfortunate drunken college-age misdemeanor conviction was having to drive out to a courthouse in Iowa to try to get information about it when applying for the bar exam.

Listen to your parents.

You have already done the right thing by looking out for the owner of the original ID and letting the police know what you did. Valkyrie is right that you should let a professional handle these kinds of things from the start- but what is done is done, and you have at least been honest.

Let your parents get up there, talk to the police and handle any legal matters.

Just keep on being respectful in your future dealings in this matter and it will show- not only with your parents and attorney, but with the police and anyone in the prosecutor's office who handles this case.

Your parents and the attorney they select will handle the logistics and that makes a difference. An honest and respectful demeanor from you will also make a difference.

So just do your part to make this work out and whatever happens you can know it came out as best it could.

Ok so...a certain poster should tell the bar about his mishap when he was 17.....involving drinking....at a baseball game....trying to sneak beer....into....an Angels game.... dot dot dot. oh crap.

Now I'll never be a lawyer!

I'm supposed to go to the station on Monday, I was going to go at it alone- no lawyers, no parents. But I have NO idea what I'm doing. I've never been in trouble (not even a speeding ticket) and I'm totally unfamiliar with any policies. WVU did just release a statement though talking about fines and stuff- it said a fake ID could cost up to $500 and will remain on your record for 7 years.

Am I held accountable for all the information I told the police today? It was over the phone, I haven't done anything face to face yet. Monday is supposed to "take care of things" I think. Now I'm worried I'll say something or sign something to sabotage myself.

GET A LAWYER.

There may a student advocate service on your campus who can refer you to someone.

ETA: I am not a lawyer, but if I were in this situation and I had to deal with police and prosectors, the first thing I would want to do is arm myself with protection and get someone with knowledge of the legal system to advocate for me and make sure that I got every possible opportunity to put this behind me so it doesn't follow me later on when I might apply to jobs, grad programs, loans, etc.

Two matters here:
1) GET A LAWYER. Or someone to help you get though this who knows the system and SOP's more than you do.
2) There is an issue that has not been touched here:
Your had a fake ID, had an open container and by your own posting were drunk.

Even if this happened a week weeks from now, you were still drunk, with an open container, and not thinking.

What ever happens next week, and I truly hope that it is nothing major, I do hope that this is a life experience that you do not forget anytime soon.
I too have been there, seen it, done it and remember it. Unfortunatly I know people who were in situations like that and matters got a great deal worse.
And there are some I knew who are no longer with us.....in part because they failed to remember..

I may be reading incorrectly here, so forgive me if I am, but I get the idea that there may be a few different versions of the story of how you got the ID floating around.

Get a lawyer, and tell that lawyer the truth -- the whole truth.

Good luck! Let us know how it goes.

Everyone on here is giving you good advice...if you don't know what to do, get a lawyer, tell the police if they call you back that you don't want to say anything more without a lawyer.

That is what the experts get paid to do..answering the most innocent of questions can get you into big trouble

I wish you luck

I second this!

I must give you the same disclaimer as valkyrie...I'm not in the position to give advice since I don't know the laws of your state or the specifics of your situation, yadda yadda yadda.

That being said, I think your BEST option is to at least talk to a lawyer. It may end up to be no big deal, but the only way you'll know that is to talk with someone with experience in the type of situation you're dealing with. One other thing, just because the officer was nonchalant on the phone doesn't mean HE even knew what he was talking about.

Just based on my personal (NOT legal) experience, it doesn't sound like you're in a huge amount of trouble, but I may be wrong. The only advice I'd give is to talk to a criminal defense attorney and figure out what you might be faced with on Monday.

I'm not certain of the laws in your state, but in California you would possibly be cited for a minor in possession (MIP) as well as the fake ID. I have a friend who received one of these in college and although they're a hassle, not a HUGE deal. Just be happy you weren't driving when all of this happened like my friend was....that adds a wrench into the situation. :)

If you don't know what your rights are in that situation - Get a lawyer.

A lot of good defense lawyers don't really want to know the whole story - they are experienced enough to know exactly what questions to ask to put together the least incriminating case possible. And we're talking ID Fraud here (misdemeanor in most states, probably punishable by $150 fine & MAYBE probation), not murder...but I would still recommend getting a lawyer.

If you're talking murder or the like, you are right that some defense lawyers don't want to to know the whole story.

But here, I think any lawyer wants the whole story straight, especially if there is any chance that the police have gotten variations on what happened. I would.

I say deny everything and report your credit card stolen.








ps. I am not a lawyer so you probably shouldn't listen to me.

Haha, this isn't Law and Order. Most defense lawyers will want the whole story, and those that don't will ask the questions they need to prepare themselves.

Talk to a lawyer (not some yahoo who advertises for personal injury on TV), and follow their advice.

This is what I was referring to...they know what questions the judge will ask, and get the answer to those and leave out the rest of the story. Although since she's already spilled the whole thing to the cop, I think he's going to need the whole story.

Agreed. Something this simple, and where there was confusion and different things said, you need to be as clear as possible in what happened. Save the drama for TV. If you have a lawyer, they need to know everything they can to give you the best advice.

Clients shoot themselves in the foot all the time by not being entirely truthful with their attorneys or leaving out parts of stories that they were a) embarassed by or b) didn't think were important.

Agreed. Exactly what I was getting at.

Thanks for everyone's advice. One of my sisters' neighbors is a lawyer, so I think I'm going to give him a call on Sunday. My parents originally freaked out but they've calmed down about it a lot. I also found out that I can receive a fine of up to $500, and it stays on my record for seven years.

I'll let everyone know how things go on Monday.. hopefully it won't be *too* severe!

I'm glad you've decided to do that. I would suggest calling your sisters' neighbor as soon as possible just to be sure you give him enough time to assess the situation. Good luck! :)

Just thought I'd fill you all in on what's been going on with this situation.

I went to the police station on Monday for my appointment with the officer, and he wasn't there. On Tuesday he called me during class, didn't leave a number, and when I tried to call back on the number he called from, I didn't get anyone on an answering machiene, even though I called 3 times throughout the afternoon. Wednesday morning I woke up and had 2 missed calls from him, again no number to return to. I decided to Google him to get his extension, so I left him a message explaining why he hadn't heard back from me.

When he called back, he was a complete a**hole to me. He told me he'll put warrants out for my arrest unless I tell him who gave me the ID. He said they can get me for forgery (because I signed the citation under a different name) which is a felony, underage, open container, obstructing an officer, and fake ID. The he launched into how I'll never get a job with htis on my record, no one wants to hire a criminal, things like that. By this point I'm crying and he asked if I was familiar with my miranda rights. He paraphrased them to me and I said I understood, so he asked if I knew the girl whose ID I have. I said I didn't want to answer anything until I spoke with my parents. He seemed angry and said as long as I cooperated and told him what he wanted to know, he'll lessen the charges against me. He kept reiterating if I don't cooperate and I'm not 100% honest, he'll go ahead and arrest me. I had to tell him twice that I didn't feel comfortable answering anything without speaking to someone first. Finally he said OK, then recommended that I don't get a lawyer because it's just a waste of money.

I was so upset and when I told my parents, they FLIPPED OUT. My mom was furious that the cop would treat me like that and threaten to arrest me. They called a Morgantown lawyer for me, and they're waiting to hear back from him today. They think the cop was just manipulating me and taking advantage of me since I told him I had no idea what I was doing because I've never even gotten a speeding ticket. My dad talked to his friend, who is a lawyer, and he said as long as I haven't said anything yet then I should be OK if I show up with a lawyer on Friday, when I have to go back to the police station.

I'm completely freaking out at this point, crying nonstop, and am convinced I'm going to get myself and my friends (2 of them are involved with the ID) in trouble. I don't know what to do at all.

Dude, STOP TALKING TO THIS GUY UNTIL YOU HAVE A LAWYER!

I can't believe he brought up Miranda rights over the freakin' phone.

Seriously. If he hasn't arrested you by now, he's not going to. Plus, he's not the one that determines what charges are brought against you, that's the DA's job.

Actually this is incorrect; in some areas it is the police that bring the charges. Depending on the jurisdiction, the prosecutor may only screen a small number of the total cases.

In any case, TALK TO A LAWYER. You're going to get a lot of opinions from people here who aren't lawyers, and the ones who are can't directly help you. Find a reputable lawyer, talk to him or her, and go from there.

This is why we say:

DO NOT SPEAK TO THE POLICE AND DO NOT SPEAK TO A PROSECUTOR, UNLESS YOU KNOW WHAT YOU'RE DOING.

Never, ever, ever trust the police or anything they tell you. Seriously. If I had $1 for every time I had a client in jail say "Oh, the cop said that if I told him what happened, I'd get to go home," I'd have, well, quite a few dollars, and maybe I could use some of them to bail out the dudes sittin' in the pokey because they told the cop what happened and did not get to go home.

I do think that many minor legal dilemmas can be handled on your own -- however, as in this case, when a cop is getting all crazy on you, you're smart to get a lawyer. Make sure to tell your lawyer everything you told the cops from the beginning -- and good luck!

It was within your rights to tell the cop that you would no longer be speaking with him and hang up the phone. If he arrested you, I can't imagine that the charges would stick. If he calls you again, tell him that you will speak with him in person...with your lawyer present...and leave it at that.

EDIT: I should have read the rest of the thread...looks like the cop got pissed off.


From someone who went to WVU...

The police here generally don't give a shit. Unless you managed to piss them off by lying or acting like an ass you'll get a fine and maybe some community service.

However, using a fake is a felony. So if they decide to stick you...well, there isn't much a lawyer or anyone else can do for you.

I know this can vary from state to state, but I don't believe ID Fraud (especially with a State Issued document, like a driver's licence...now if it was a passport or other federal ID, that could be a totally different story...) is a felony anywhere.... I think you're looking at a misdemeanor, and not a serious one at that.

WVC 61-8-27a
 

from HERE via http://www.findlaw.com

§61-8-27a. Use of false identification, etc., by person under age; penalty.


Any person who exhibits or displays a false or erroneous birth certificate, draft card, registration card or certificate, license, or identification card or certificate of any kind or character, or who exhibits or displays any certificate, card or license of any kind or character not his own, for the purpose of purchasing or drinking beer or liquor or gaining admittance to any establishment, from which he or she would otherwise be barred by reason of age, shall be guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine of not less than twenty-five nor more than one hundred dollars, and, in the discretion of the court, may be imprisoned in the county jail not exceeding thirty days.

*oh...and here. http://www.legis.state.wv.us/.

I met with my lawyer this afternoon and feel a lot better. He told me it was a serious offense (worst case scenario- 2-10 years in prison for forgery) but he seemed pretty casual about it, which calmed me down. He's going with me to the police station tomorrow to speak with the officer. He was like, "Well he most likely won't get a warrant for your arrest because that means more paperwork for him." and he said best case scenario, what we're aiming for is a misdemeanor for underage, and that they will most likely drop the fake ID charge.

I'm still really nervous about tomorrow but am so glad he will be there with me to hopefully keep me out of a ton of trouble. Thanks everyone for your input, it's been so helpful! I'll report back tomorrow after the police station -hopefully with some kinda-good news!

Good luck!!

Hope you know this lawyer and he is good.

To put it bluntly, you screwed up! But who else of your age hasen't?

Maybe age will help and they will just scare the hell out of you!

You did not defraud anyone at all did you!

If it was fraud and you made purchases, that is a different matter. But forgery is and can be a serious offense.

Good Luck:)

I can't believe you've had this much trouble. My sister got an underage citation a few months ago and she was using my ID. I guess since our last names are the same they never made the connection....

Here's the update- I hope it's my final one!!

I went to the polce station today with my lawyer. Right away, I was nervous because the cop was like, "I told you you didn't need an attorney if you cooperated. If you aren't willing to cooperate, I'll just arrest you right now." and my lawyer said, "She's going to tell you the truth." I couldn't believe the cop jumped the gun like that!

Like story short, I came out with citations for a fake ID, underage, and open container. He dropped the felony charge of forgery and obstructing an officer (because Iwas deceptive, he said). I'm planning on paying the fines Monday, and they should be around $400 total, both my lawyer and the officer told me. Plus I get to tack on a nice $250 lawyer fee, that's his hourly rate, so I pretty much owe my parents $700. :(

I'm glad this is all behind me, and luckily, I turn 21 two weeks from today. The only problem is that the girl who gave me the ID, my sorority sister, will now be given a citation for giving her ID out. I'm thinking it will probably be around $150. I know she's going to be mad at me, I would too.. does anyone think I should pay her fine if she asks? My parents said no, she still broke the law by giving out her ID, and I shouldn't pay. Opinions? I know I need to apologize PROFUSELY to her, and the officer told me he wants the ID back by Monday so it's not "floating around the sorority house" as he put it.

Thanks everyone for all your advice! I'm glad I decided to get a lawyer and this all worked out for me. Expensive lesson to learn.

Personally, I would at least offer to pay her citation for her.

I would offer too. At least to go halfsies on it.