False Representation to a Police Officer in Aliso Viejo
If a police/peace officer in Aliso Viejo asks you to identify yourself and you represent yourself falsely by giving a fictitious name, supplying a false date of birth or providing any other information that would lead to preventing your proper identification, or evading the court process, you can be charged with False Representation to a Police Officer under Penal Code 148.9. There is a distinction between false representation to a police officer and also false impersonation. This occurs when one personates someone else in order to harm them or for their own personal gain. This only applies when the person that is being impersonated is alive and genuine. Other related offenses that can have very serious consequences include obstructing or delaying an officer who is preoccupied with duties, as well as impersonating a police officer by duplicating the physical signs that indicate that they are indeed police officers, such as wearing a uniform, badge, etc.Proving a PC 148.9 Charge
For the prosecution to demonstrate and establish a ‘False Representation to a Police Officer’ charge, the following elements must be proved:
- That you provided a fictitious name to the police officer
- That you did so in order avoid a court process or to avoid proper identification by the officer
- That you knew the person you falsely represented yourself to was a police officer
- The police officer was performing their lawful duty when you falsely represented yourself to them
For example, say someone were to be pulled over by a police officer for speeding on the highway. After being pulled over, the officer proceeds to question the operator of the vehicle for basic information, such as name, birthdate, etc. If that person were to lie to the officer, giving them a false identity that was not their own and therefore, misrepresenting themselves to the officer, it would be considered false representation to a police officer. Instead of providing accurate and true information to the officer, they had instead lied and given information that was not.
Common defenses for misrepresentation to a police officer includes saying that the person doing it was unaware that they were misrepresenting themselves. For example, if they had no knowledge that they were dealing with an officer, then it would not be possible for them to have executed all the elements of misrepresentation to an officer.Penalties for PC 148.9
False Representation to a Police Officer is a misdemeanor charge that attracts up to 6-months in county jail and/or a fine of up to $1,000.
Depending on your past criminal record (or the lack of it) and the specific circumstances of your case, the judge can decide to impose no jail time at all or very little jail time.
It is important that you call an experienced criminal attorney immediately so that they can mount a solid legal defense for you. An attorney that has experience and that is very familiar with the court process in Orange County is very useful for the best outcome.
We are experienced in fighting these charges at Johnson Criminal Law Group. Call us today.