Tampering W/ Gov. Doc.

[JoeDren]

What is the name of your state? Texas
I got arrested the other night and while the cops were checking in my stuff and doing inventory, they found my fake id. Now they are trying to charge me with Tampering with a government document (Texas p.c. 37.10), which is a 3rd degree felony here in TX. I didn't make the id, nor was it originally a real id that had been altered. From my research, it seems that possesion of a fake driver's liscence (a class c misdemeanor) under the Texas transportation code would be a more appropriate charge. So the question is, did I in fact tamper with a government doc. by simply posessing a fake id (which was never a government doc. in the first place), or should I have gotten a lesser charge such as misrep. of age or possesion of a fake DL. I already have a lawyer but I just figured I would see what you guys said.

Give us a link where we can look at the text of the statutes you mention.

[JoeDren]

The specific statutes I was speaking of earlier can be found at : [url]http://www.gdcada.org/coalitions/aloud/law.htm[/url]

Originally Posted by JoeDren

...I got arrested the other night and while the cops were checking in my stuff and doing inventory, they found my fake id...."

Yes, I agree with you on the fake ID: it's a felony.

Alliance On Underage Drinking
Texas Laws Concerning Underage Drinking

Texas Transportation Code
§ 521.451(a) Possession / Use of Altered Driver’s License
§ 521.453(a) Possession of Fake Driver’s License

Texas Penal Code
§ 37.10 Tampering with Governmental Records

Texas Alcoholic Beverage Code
§ 106.02 Purchase of Alcohol by a Minor
§ 106.03 Sale to Minors
§ 106.04 Consumption of Alcohol by a Minor
§ 106.041 Driving Under the Influence of Alcohol by a Minor
§ 106.05 Possession of Alcohol by a Minor
§ 106.06 Purchase of Alcohol for a Minor
Furnishing Alcohol to a Minor
§ 106.07 Misrepresentation of Age by a Minor
§ 106.071 Punishment for Alcohol-Related Offense by a Minor
§ 106.08 Importation of Alcohol by a Minor
§ 106.11 Parent or Guardian at Trial
§ 106.115 Attendance at Alcohol Awareness Course
License Suspension
§ 106.12 Expungement of Conviction of a Minor

Disclaimer


Texas Transportation Code

§ 521.451(a) Possession / Use of Altered Driver’s License
A person commits an offense if they:
• show or posses a driver’s license or certificate that they know to be fictitious or altered
• show or represent as their own a driver’s license or certificate not issued to them
Penalty: Class B Misdemeanor (≤ 180 days in jail and/or $2,000 fine)

§ 521.453(a) Possession of Fake Driver’s License
(a) a person under the age of 21 commits an offense if they posses, with the intent to represent that they are 21 years of age or older, a deceptively similar driver’s license or ID certificate UNLESS the document displays the statement “NOT A GOVERNMENT DOCUMENT” indelibly printed in 1/4" solid red capital letters diagonally on both sides.x
x
(b) “deceptively similar” means a reasonable person would assume that the fake license presented was a genuine, government-issued license.
Penalty: CLASS C Misdemeanor (≤ $500 fine)


Texas Penal Code

§ 37.10 Tampering with Governmental Records
A person commits an offense if they:
• make a false entry or alteration on a state driver’s license or ID certificate
• makes, presents, possesses, sells, or offers to sell a state driver’s license or ID certificate with knowledge that it was obtained unlawfully or of its falsity.
Penalty: FELONY 3 (2–10 years in prison and/or ≤ $10,000 fine)

[JoeDren]

On what grounds would I be charged with tampering as opposed to possesion of false identification. I didn't tamper with a government document because it was a novelty id to begin with and I did not make it. The id didn't have the real Texas state seal and was only deceptively similar to a real id, and the id's sole purpose was for misrepresentation of age.

Originally Posted by JoeDren

On what grounds would I be charged with tampering as opposed to possesion of false identification. I didn't tamper with a government document because it was a novelty id to begin with and I did not make it. The id didn't have the real Texas state seal and was only deceptively similar to a real id, and the id's sole purpose was for misrepresentation of age.

Tampering is possession and possession is tampering.

See § 37.10 in my prior post.

You said: "...The id didn't have the real Texas state seal and was only deceptively similar to a real id, and the id's sole purpose was for misrepresentation of age...." Thus, according what you said, you possessed a document with knowledge of its falsity and with intent that it be taken as a genuine governmental record.

[JoeDren]

Ok, I see where you are coming from there, but then why have both statutes? Why not just have the one for tampering and leave it at that? Also, do you think my lawyer might plea bargian the DA into giving me the possession of false id charge instead of the felony tampering charge considering I am a college student who has a relatively clean record?

Try for a plea bargain if you have a good record.

The reason for the statutes is the same as one for capital murder, one for manslaughter, etc.

These are graded offenses and give prosecutors run to bargain. They start with the highest one and then they move down...if you give them something in exchange (like a guilty plea).

[JoeDren]

Originally Posted by seniorjudge

The reason for the statutes is the same as one for capital murder, one for manslaughter, etc.

Yes, but someone that is guilty of manslaughter is not neccessarily guilty of capital murder. To me it seems logical that there is a similar difference between tampering and possession of fake id. The intent of my fake id was obviously, solely to misrepresent my age (the rest of my info was accurate).
I do not doubt that you are in all actuallity correct in this matter, but as someone who has always loved the law and plans to study it, I am trying to fully understand how this type of thing works.

Originally Posted by JoeDren

Yes, but someone that is guilty of manslaughter is not neccessarily guilty of capital murder.

It's the other way around and it's called lesser included offense.

If you are guilty of capital murder, you are also guilty of manslaughter.

[JoeDren]

Ok, I know I am bordering annoying with all of this, but what I think I am trying to get at is, if a person may be guilty of manslaughter and not capital murder, then why is it not possible for a person to be guilty of possession without also being guilty of tampering? Is it just a difference in the construction of the code? At this point, I am not trying to argue the point but rather to understand why there is a difference. Thanks for the help.
Joe

Lesser included offenses.

Let's say that the government had to prove four things to make you guilty of a really bad felony:

a slapped somebody
b up side the head near the eyes
c with a blunt instrument
d while stabbing them

If they can only prove three (abc) then you are guilty of a bad felony.

If they can only prove two (ab) then you are guilty of a felony.

If they can only prove one (a) then you are guilty of a misdemeanor.

So you might be guilty of tampering (felony) which includes the offense of possession (misdemeanor). If the government thinks all they can prove is misdemeanor, then you might be able to get that. Or if you say, "Yeah, I'll plead guilty to a misdemeanor but if you charge me with a felony, I want a jury trial," the prosecutor could look down at his full calendar and say, "Okay, ya gotta deal. Plead and get out of here." Or he could be super-prosecutor and you're sunk.

Lesser Included Offenses
Law and Legal Definition
A lesser included offense is a crime which is proved by the same facts as a more serious crime. For example, a prosecutor may charge a person with armed robbery and if he fails to prove all the elements needed to convict the criminal on the armed robbery charge, the crimnial may still be convicted on a lesser included offense of larceny, a less serious theft offense. A plea bargain will often give the accused the option of pleading guilty or no contest to a lesser included offense rather than face trial and possibly be convicted on a greater offense.

The following is an example of a state statute governing lesser included offense:

"An offense is an included one if:

(1) It is established by proof of the same or fewer than all the facts required to establish the commission of the offense charged; or

(2) It consists of an attempt or solicitation to commit the offense charged or to commit a lesser included offense; or

(3) It is specifically designated by statute as a lesser degree of the offense charged; or

(4) It differs from the offense charged only in the respect that a less serious injury or risk of injury to the same person, property or public interests, or a lesser kind of culpability suffices to establish its commission.

(b) The court shall not charge the jury with respect to an included offense unless there is a rational basis for a verdict convicting the defendant of the included offense."
[url]http://www.uslegalforms.com/lawdigest/legal-definitions.php/US/US-LESSER_INCLUDED_OFFENSE.htm[/url]

[JoeDren]

I appreciate the clarification senior, now I just hope the prosecutor doesn't go "super-prosecutor" on me. Given the circumstances (college town, fairly clean record, and a decent attorney) I feel like I might be in fairly good shape. What do you think? Is there a signficant probability that the prosecutor will go for the felony and jail time given these circumstances?

[JoeDren]

One last thing, would an offer to voluteer for the military give me any leverage in plea negotiations? I have heard that this can sometimes help depending on the personality and mood of the prosecutor