Using a fake ID

What is the name of your state (only U.S. law)?
California

Daughter tried to enter a over 21 club with a friends ID. Daughter was 19 at time. She now has to go to court for the ticket. She recieved a citation in the mail stating her date to go to court and the charge states trying to purchase alcohal with a fake ID. This is not true, she was not even inside the club yet. she was trying to use it to enter the club with her friends. What should we do if anything and is this important?
Also, what can she expect when she gets to court?
As her mom I am scared as no one in our family has ever been in trouble with the law nor sen an inside of a courtroom. I will go with her but don't know if we should say anything about the harge. She is guilty for using her friends ID. But she does not drink.( I know they won't believe that)
Please educate me and advise

Please list the exact statute number that your daughter was charged with.

And then, BACK OUT OF IT. Your daughter is an adult. She decided to make a grown up decision and it went to crap.

This would be an excellent time to offer counsel... but to let her stand on her own two feet...

its a shame...

...hen people come to a site looking for legal advice involving pending criminal litigation most respondents offer responses from the perspective of prosecutors not criminal defense attorneys which would be in their best interest.

If you want the advice of a criminal defense attorney, you will have to pay for it. CyJeff's advice to let your daughter stand on her own two feet should have been an instinct to you as a parent. The fact that you are instead guarded and ignoring sound advice speaks volumes as to why she is in this predicament. Start parenting, stop making excuses. Aren't you concerned at ALL that your daughter was trying to get into an adult club?!?


EDIT: My mistake, I thought the last poster was the OP. My advice to the OP still stands though.

In California, the minimum penalty for having a fake ID is a $250 fine and up to 32 hours of community service. The maximum penalty is a $1000 fine and up to 6 months in county jail and a one year driver's license suspension.

Your daughter should appear in court wearing business-type clothes. She should not chew gum. She should not have a cell phone on her that might ring. She should be polite and contrite and she should not try to make excuses for having the fake ID. Arguing with the judge about anything will lead to a stiffer penalty.

It does not matter if your daughter is a drinker of alcohol or not. She was trying to gain entry into a place where alcohol was served by using a fake ID, the possession of which would allow her to purchase alcohol had she gained entry and not been stopped at the door.

As a parent, I can understand your concern. Accompanying your daughter to court is a good idea. Your presence in court can make a difference to the judge, as it shows your daughter has been open and honest with you about her stupidity. BUT, you should be there for support only. DO NOT SAY ANYTHING in your daughter's defense. She must deal with the consequences of her fake ID use on her own.

Good luck.

again, its still a shame...

the point I am making is...

Her daughter will have to accept whatever the court hands out. It's not like mother can do community service in place of her. The general statement the respondents are making of "Person Broke Law. Person Deserves to Do the Time/Face the Music/ect" is like the official moto of EVERY prosecutor in the nation. B/C I dont believe you could be as naive as to believe that the mom will somehow throw herself in front of the legal firing squad saving her daughter, I can only interpret your response as meaning the mother shouldn't pay for a quality attorney.

Hypothetically speaking...
Lets say the mother was used to driving the daughter to and from the nightclub each weekend. She was 100% positive from her extensive experience/deep relationship that her daughter was not drinking at the night club. The daughter was completely ignorant of the seriousness of getting caught using a fake ID.

OK, now onto the FACTS...
The spirit of the Law for a 21 year minimum entry is to prohibit underage drinking.
Her daughter as a 19 year old adult can reasonably want to hang out with and dance with people what are in their early to mid 20's, the crowd found at most nightclubs.
Having a criminal conviction on your record can be extremely detrimental to ones future in that it can influence everything from acceptance into a university to future employment.
Seeking a quality attorney greatly reduces one's chance of being convicted/the punishment one recieves.
Most 19 year olds cant afford a quality attorney.

A mother cognizant of the fact that her daughter broke the law, but didn't do so in the in the original spirit of the law, was ignorant of the seriousness of breaking the law, viewed what she did as a mistake that she wont repeat again... tell me again why the daughter should step in front of the firing squad again? why her mom shouldn't hire an attorney that the 19 year old probably otherwise couldn't afford? Potentially saving her from a damaging her opportunity to later succeed in life.

again, its a shame when people come to a site like this and dole out bad advice.

again, its still a shame...

edit: sorry about the double post.

I don't see a single instance where any of the posters offered advice about NOT retaining a lawyer. Saying that she needs to stand on her own two feet is COMPLETELY different. If mom shields her from the blast she will never learn, but that's not the same as saying she should go through it without counsel. Do you actually READ the posts before you comment?

ok...

so how does a mom shield her from the blast? does she show up at court dressed as her daughter? does she hop her on a plane to Mexico?

I know if it was my daughter I would help shield her from the blast of getting the standard punishment buy hiring an attorney. If the attorney thought that me testifying to the character and responsibility of my daughter would be beneficial to my daughters case, then i would do that as well.

I read your comments and wonder if you really think about what they mean.


EDIT: I also wouldn't call a first time offender, 19 year old, non-drinking, woman who made the ignorant mistake of using a fake ID a person that is in huge need of some tough love.

Sigh... one last time and then I'm done with you.

She would be shielding her from the blast if she minimized the daughter's offence. If she told her things like "It's ok, everybody does it", or "I understand, you just wanted to dance, that's why you got the fake ID". If she pays all of her legal fees and doesn't make her earn every red cent she is not doing her job parenting. Doing this would teach her daughter to continue to disrespect the laws in place. I have never, don't currently, and will never advise anybody to go to court without a lawyer. For some offences it may not be necessary, but I never advise it. Getting her a lawyer is not shielding her from the blast, it's controlling the blast radius. If she forces her daughter to go through this, WITH AN ATTORNEY, without mom minimizing the offence as she seems to be doing on this board, pay back every cent of her legal costs and fulfill her obligation to the court, her daughter will come out of it much the wiser.

I have to agree with FW's very general sentiment. As a parent, especially for a first offense, take them out to the d@mn woodshed, but handle it privately and protect them to the extent you can from the steamroller. Any conviction is essentially a life sentence with respect to quality of life, and anyone who doesn't think going completely through the system isn't a serious punishment unto itself simply has never done it. Criminals are entitled to the best defense possible, and a parent's help can help bridge the gap between rich and poor outcomes which we all agree tends to be unfair.

Loving your kids unconditionally occasionally means proving it. Maybe holding them at arms length could be a matter of principle, but it's always going to look convenient and cheaper.