Lawyers- help!!

MysticCat · #1 09-14-2006, 11:30 AM

Quote:

Originally Posted by WVU alpha phi

. . . 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 ended up telling the officer everything (I said a friend had given me the ID and I couldn't remember who it is).

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.

sugarplumfairy · #2 09-14-2006, 11:41 AM

Quote:

Originally Posted by MysticCat81

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.

I second this!

OtterXO · #3 09-14-2006, 02:07 PM

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.

_Opi_ · #4 09-14-2006, 03:00 PM

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

AlphaFrog · #5 09-14-2006, 03:08 PM

Quote:

Originally Posted by MysticCat81

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

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.

MysticCat · #6 09-14-2006, 03:17 PM

Quote:

Originally Posted by AlphaFrog

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.

Coramoor · #7 09-21-2006, 02:10 PM

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.

AlphaFrog · #8 09-21-2006, 02:12 PM

Quote:

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 · #9 09-21-2006, 03:28 PM

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 · #10 09-21-2006, 04:22 PM

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!

madmax · #11 09-14-2006, 03:34 PM

I say deny everything and report your credit card stolen.

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

KSigkid · #12 09-14-2006, 04:06 PM

Quote:

Originally Posted by AlphaFrog

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.

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.

AlphaFrog · #13 09-14-2006, 04:09 PM

Quote:

Originally Posted by KSigkid

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

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.

kddani · #14 09-14-2006, 04:09 PM

Quote:

Originally Posted by KSigkid

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.

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.

MysticCat · #15 09-14-2006, 04:13 PM

Quote:

Originally Posted by kddani

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.