Fake ID charge...

[cc644622]

What is the name of your state? California

Last night I was charged with possession of a Fake ID (Code was listed as "BP25661 - Fake ID"). This is the first time I've ever cited for something (I don't even have as much as a parking ticket on my record, heck I never even had a detention in high school). I'm a college student and I'm scared out of my mind about this mainly because of my record... will I be able to speak with the police and arrange something with them that will keep my record clean? Also, on the top of the citation, the officer checked the box "Non-Traffic" not the "Misdemeanor" box, but later down the form it asks the officer to circle either M (for misdemeanor) or I (for infraction) and he circled M... so, is it a misdemeanor or not?

Please help, I'm greatly concerned about my record because having activity will put me at a severe disadvantage in getting the jobs I wish to pursue after college. I have never been in a situation like this and have no idea how to go about it. Thanks in advance.

 

[stealth2]

Please help, I'm greatly concerned about my record because having activity will put me at a severe disadvantage in getting the jobs I wish to pursue after college. I have never been in a situation like this and have no idea how to go about it. Thanks in advance.

Might have been something to consider before breaking the law, eh?

 

[CdwJava]

This is technically a misdemeanor, but can often be treated as an infraction in traffic court. I'm not sure how it works in whatever county you might be in.

The penalty requires the defendant be punished by a fine of at least two hundred fifty dollars ($250), no part of which shall be suspended. Or the person shall be required to perform not less than 24 hours nor more than 32 hours of community service during hours when the person is not employed and is not attending school, or a combination of fine and community service as determined by the court.

- Carl

 

[cc644622]

CdwJava, thanks for the info. I see you are from NorCal, any chance you're from Alameda county or know where to find the laws of having it treated as an infraction in that county? Also, I noticed that on the bottom of the citation, the officer checked the box for the Oakland Traffic Court, not the Criminal one... does that mean it might be treated as a traffic violation? If so, would that go on my record? Once again, thank you so much for your response, I really appreciate it!

 

[CdwJava]

CdwJava, thanks for the info. I see you are from NorCal, any chance you're from Alameda county or know where to find the laws of having it treated as an infraction in that county? Also, I noticed that on the bottom of the citation, the officer checked the box for the Oakland Traffic Court, not the Criminal one... does that mean it might be treated as a traffic violation? If so, would that go on my record? Once again, thank you so much for your response, I really appreciate it!

It would appear they are handling it in traffic court which generally means they are going to treat it as an infraction.

Sorry - I don't work in Alameda County ... up here in the north state we call that the "central coast".

- Carl

 

[cc644622]

It would appear they are handling it in traffic court which generally means they are going to treat it as an infraction.

That's what I thought, but he circled M for Misdemeanor instead of Infraction, is that because as you said it is technically a misdemeanor but in this case they are treating it as an infraction (based on the court specified). Sorry for asking all the questions but with each response you seem to make my day better with good news (relatively speaking haha).

Sorry - I don't work in Alameda County ... up here in the north state we call that the "central coast".

Haha, yeah I figured it was worth a try. I'm from out of state and never really got why this area of Cali was considered to be the "Northern" part.

 

[CdwJava]

That's what I thought, but he circled M for Misdemeanor instead of Infraction, is that because as you said it is technically a misdemeanor but in this case they are treating it as an infraction (based on the court specified). Sorry for asking all the questions but with each response you seem to make my day better with good news (relatively speaking haha).

It is no uncommon for misdemeanors not generally resulting in custody time to be handled in traffic court - particularly in larger jurisdictions.

Haha, yeah I figured it was worth a try. I'm from out of state and never really got why this area of Cali was considered to be the "Northern" part.

Because it is north from the south, I guess. When I was livin in San Jose (grew up there) I thought it was the "north", too. Now that I live in the north, it is clear that there are really four areas: Southern California, the Central Coast, the North Coast, and Northern California ... and possibly a Central Valley demographic as well. Having lived in all five and worked as a cop in three of the five, I can say that they are all distinct in attitude, demeanor, and culture.

- Carl

 

[cc644622]

Ok, last question... I promise!

It is no uncommon for misdemeanors not generally resulting in custody time to be handled in traffic court - particularly in larger jurisdictions.

So, if its handled in a traffic court will it be treated as an infraction? Can a traffic court convict you of a misdemeanor? I would imagine that in a city like Oakland, they have more important things to focus their resources on than fake ID charges...

 

[cc644622]

Alright, I went down to the courthouse for my arraignment today... I got on the list for walk-in court (which I was assigned to by the person at the front counter), and waited until they called everyone into the courtroom. A few minutes after that, one of the guys comes up and asks for me, and then tells me that I'm going to have my matters handled in another courtroom (what could be the cause of this?). I then go to that courtroom, and the judge then tells me the charge against me (BP25661) and gives me another court date. What I'm confused about is, I wasn't asked for a plea at all. On the sheet of paper they gave me, under plea it reads "PN"... what does that mean?

I can't figure out if this is good or bad, can anybody help me understand whats going on (especially the "PN" plea)?