Lawyers- help!!

[AlphaFrog]

Originally Posted by Coramoor

However, using a fake is a felony.

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.

[FHwku]

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/.

[WVU alpha phi]

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!

[MysticCat]

Originally Posted by WVU alpha phi

I'll report back tomorrow after the police station -hopefully with some kinda-good news!

Good luck!!

[Buttonz]

I'm glad that you calmed down a little bit!

Good luck tomorrow!!!

[Tom Earp]

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

[uksparkle]

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....

[WVU alpha phi]

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.

[tunatartare]

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

[33girl]

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

[_Opi_]

Originally Posted by WVU alpha phi

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.

I'm glad it worked out!!

BTW, you should apologize but she really shouldnt get too pissed off because she willingly gave you her ID. She should've been aware of the risks she was taking to give you the ID in the first place. All that matters is the situation is finally contained and a citation is not the end of the world (it could've been worse).

[jon1856]

Originally Posted by jon1856

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..

Alpha Phi,
I am quoting myself only to say and show you that yes can work out even if at first the system seems to be against you.

It seems as if this is something that you will remember for awhile...

As for your sister, I would agree with the posters who have indicated that she gave her ID to you and thus she is responsible for her fines as you are for yours due to our own actions.

Best wishes and thoughts for you down the road....

[kddani]

Originally Posted by _Opi_

BTW, you should apologize but she really shouldnt get too pissed off because she willingly gave you her ID. She should've been aware of the risks she was taking to give you the ID in the first place. All that matters is the situation is finally contained and a citation is not the end of the world (it could've been worse).

I absolutely agree with this... if she wants to be stupid enough to lend out her ID to someone underage, she runs that risk and should have to live with the consequences.

[uksparkle]

I agree that it she should assume the risk for giving out her ID, but I think if you want to make sure there are no harsh feelings you should pay the citation for her.

[Coramoor]

Don't listen to the old people here.

I would pay the fine for your friend without even thinking about it. Sure, she gave you the ID, but you are the one that was drunk and showed it to the cop and involved her in this mess.

That's breaking rule 2 of morgantown. The first being if a doorman doesn't give an ID back...grab and run.

I don't know the other girl or what she is like, but I'd guess if you just tell her no you are not paying the fine it's going to create bad blood.