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Giving false information mainly a "fake ID"

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Catheann

Guest
What is the name of your state? NJ
I have been searching on the internet for any information on a criminal charge being braught against my husband He lost his Drivers License for a few years. He then went to DMV obtained a License in his brother's name (he died when he was a baby). The other day he was arrested and chared with 2C:21-17. And also 2C:39- 3B but it is then written again on the complaint; 2C:29-3B.He was also ticketed for falisfing his drivers license. What are these Charges adn can he go to jail? If so how long could he go to jail. And please let me know of a web site to research the statues. I 've tried Find LAw already
 


stephenk

Senior Member
much depends on why he decided to get a false driver's license. did he use the fake license to obtain credit and did he pass himself off as his brother? What was your hubby running from that made him decide to change his ID?
 

JETX

Senior Member
New Jersey Statutes:
"2C:21-17. Impersonation; Theft of Identity; disorderly persons offense, crime.
a. A person is guilty of an offense when he:
(1)Impersonates another or assumes a false identity and does an act in such assumed character or false identity for purpose of obtaining a pecuniary benefit for himself or another or to injure or defraud another;
(2) Pretends to be a representative of some person or organization and does an act in such pretended capacity for the purpose of obtaining a benefit for himself or another or to injure or defraud another;
(3) Impersonates another, assumes a false identity or makes a false or misleading statement regarding the identity of any person, in an oral or written application for services, for the purpose of obtaining services; or
(4)Obtains any personal identifying information pertaining to another person and uses that information, or assists another person in using the information, in order to assume the identity of or represent themselves as another person, without that person's authorization and with the purpose to fraudulently obtain or attempt to obtain a pecuniary benefit or services, or avoid the payment of debt or other legal obligation or avoid prosecution for a crime by using the name of the other person.

As used in this paragraph: "personal identifying information" means, but is not limited to, the name, address, telephone number, social security number, place of employment, employee identification number, demand deposit account number, savings account number, credit card number or mother's maiden name of an individual person.

b.A person is guilty of an offense if, in the course of making an oral or written application for services, he impersonates another, assumes a false identity or makes a false or misleading statement with the purpose of avoiding payment for prior services. Purpose to avoid payment for prior services may be presumed upon proof that the person has not made full payment for prior services and has impersonated another, assumed a false identity or made a false or misleading statement regarding the identity of any person in the course of making oral or written application for services.

c. (1) A person who violates subsection a. or b. of this section is guilty of a crime of the second degree if the pecuniary benefit, the value of the services received, the payment sought to be avoided or the injury or fraud perpetrated on another is $75,000 or more. If the pecuniary benefit, the value of the services received, the payment sought to be avoided or the injury or fraud perpetrated on another is at least $500 but is less than $75,000, the offender is guilty of a crime of the third degree. If the pecuniary benefit, the value of the services received, the payment sought to be avoided or the injury or fraud perpetrated on another is at least $200 but is less than $500, the offender is guilty of a crime of the fourth degree.

(2)If the pecuniary benefit, the value of the services received, the payment sought to be avoided or the injury or fraud perpetrated on another is less than $200,or if the benefit or services received or the injury or fraud perpetrated on another has no pecuniary value, or if the person was unsuccessful in an attempt to receive a benefit or services or to injure or perpetrate a fraud on another, then the person is guilty of a disorderly persons offense.

d.A violation of R.S.39:3-37 for using the personal information of another to obtain a driver's license or register a motor vehicle or a violation of R.S.33:1-81 or section 6 of P.L.1968. c.313 (C.33:1-81.7) for using the personal information of another to illegally purchase an alcoholic beverage shall not constitute an offense under this section if the actor received only that benefit or service and did not perpetrate or attempt to perpetrate any additional injury or fraud on another."


Your post is contradictory and shows two possible other charges. The first, 2C:39-3b has to do with being in possession of a sawed-off shotgun, and since I assume you have noted that one, I assume this is an error. The second is shown as 2C:29-3b, and that statute reads:
"2C:29-3. Hindering Apprehension or Prosecution.
a.A person commits an offense if, with purpose to hinder the detention, apprehension, investigation, prosecution, conviction or punishment of another for an offense or violation of Title 39 of the New Jersey Statutes or a violation of chapter 33A of Title 17 of the Revised Statutes he:

(1)Harbors or conceals the other;
(2)Provides or aids in providing a weapon, money, transportation, disguise or other means of avoiding discovery or apprehension or effecting escape;
(3)Suppresses, by way of concealment or destruction, any evidence of the crime, or tampers with a witness, informant, document or other source of information, regardless of its admissibility in evidence, which might aid in the discovery or apprehension of such person or in the lodging of a charge against him;
(4)Warns the other of impending discovery or apprehension, except that this paragraph does not apply to a warning given in connection with an effort to bring another into compliance with law;
(5)Prevents or obstructs, by means of force, intimidation or deception, anyone from performing an act which might aid in the discovery or apprehension of such person or in the lodging of a charge against him;
(6)Aids such person to protect or expeditiously profit from an advantage derived from such crime; or
(7)Gives false information to a law enforcement officer or a civil State investigator assigned to the Office of the Insurance Fraud Prosecutor established by section 32 of P.L.1998, c.21 (C.17:33A-16).

The offense is a crime of the third degree if the conduct which the actor knows has been charged or is liable to be charged against the person aided would constitute a crime of the second degree or greater, unless the actor is a spouse, parent or child of the person aided, in which case the offense is a crime of the fourth degree. The offense is a crime of the fourth degree if such conduct would constitute a crime of the third degree. Otherwise it is a disorderly persons offense.

b.A person commits an offense if, with purpose to hinder his own detention, apprehension, investigation, prosecution, conviction or punishment for an offense or violation of Title 39 of the New Jersey Statutes or a violation of chapter 33A of Title 17 of the Revised Statutes, he:
(1)Suppresses, by way of concealment or destruction, any evidence of the crime or tampers with a document or other source of information, regardless of its admissibility in evidence, which might aid in his discovery or apprehension or in the lodging of a charge against him; or
(2)Prevents or obstructs by means of force or intimidation anyone from performing an act which might aid in his discovery or apprehension or in the lodging of a charge against him; or
(3)Prevents or obstructs by means of force, intimidation or deception any witness or informant from providing testimony or information, regardless of its admissibility, which might aid in his discovery or apprehension or in the lodging of a charge against him; or
(4)Gives false information to a law enforcement officer or a civil State investigator assigned to the Office of the Insurance Fraud Prosecutor established by section 32 of P.L.1998, c.21 (C.17:33A-16).

The offense is a crime of the third degree if the conduct which the actor knows has been charged or is liable to be charged against him would constitute a crime of the second degree or greater. The offense is a crime of the fourth degree if such conduct would constitute a crime of the third degree. Otherwise it is a disorderly persons offense."
Source: http://www.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=1039198&depth=2&expandheadings=off&headingswithhits=on&infobase=statutes.nfo&softpage=TOC_Frame_Pg42

As you can see, these are NOT minor offenses and could lead to some serious jail time.
 
C

Catheann

Guest
What type of jail time may he looking at. After reading the statutes, I am hoping he would only be charged with a disorderly persons charge. He never recieved any benefit from the license. He never recieved any monitary benefit. He never tried to obtain credit or employment under the fake Id. What degree would could he be charged- Fourth degree? And would it be best to get a lawyer? And when he goes to court could he could he take advantage or the PID program because it his first offence?
 
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Catheann

Guest
(2)If the pecuniary benefit, the value of the services received, the payment sought to be avoided or the injury or fraud perpetrated on another is less than $200,or if the benefit or services received or the injury or fraud perpetrated on another has no pecuniary value, or if the person was unsuccessful in an attempt to receive a benefit or services or to injure or perpetrate a fraud on another, then the person is guilty of a disorderly persons offense.


to clearify why I believe he should only be charged with a disorderly persons. He never recieved anything therefor it was unsuccesful. Is there jail time for this charge?
 

JETX

Senior Member
Catheann: With all due respect, it is impossible for anyone on this forum to try to 'devine' what plea (if any) might be offered or if the situation allows any reduction in charges. However, with the multiple charges, it does not look like the DA is taking this lightly. Also, you have to consider that you may not be hearing the full story in this case.
 

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