Legal Question in Criminal Law in California

My fiance was pulled over and presented a fake I.D. to the cop. He doesnt have a real one at his time, because he is an immigrant. He was let out on bail and I was wondering what might happen when he goes to court. will he go to jail or will he be able to do the work hours thing?


Asked on 8/24/09, 1:43 am

1 Answer from Attorneys

Larry L. Doan Law Office of Larry L. Doan

You say he's an immigrant but if he's using a fake ID then I suspect he's an illegal immigrant. It's a misdemeanor but for this crime, Penal Code section 529.5(c) apparently does not specify jail time but only imposes a fine. The judge could allow him to do community service to pay off the fine. You should know that for a more serious violation with jail time, Immigration will put a hold on him so when he gets out of jail, he would be transferred to immigration detention to face deportation proceedings. That's very unlikely to happen here because it's a pretty minor crime, but he should be careful in the future.

Larry L. Doan

www.GuruImmigration.com

http://guruimmigration.wordpress.com (blog)

Note: The above response is provided for legal information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration. We do not offer free advice except for the information provided herein on LawGuru which has been screened. If follow-up advice on your specific situation is desired, we offer a paid consultation in person if you are in the Los Angeles area, or by phone or email. Please visit our website www.GuruImmigration.com for more details.

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Answered on 8/24/09, 12:44 pm


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