Borrowing or using a Fake ID

Using a fake ID or borrowing someone else’s  will probably result in time behind bars, especially if the person’s name being used has warrants out for their arrest.

Wrong name to use

Blank nametagA Florida man who was attempting to avoid jail time gave police officers a wrong name when they approached him about a loud music complaint. 22 year old Darius Devonte McClain thought using his brother’s name instead of his own would be a good idea, since stating his own name would show that he was violating his probation. Unknown to McClain regrettably, his brother had warrants out for his arrest and police proceeded to detain McClain thinking he was his brother. He then fessed up that he had used his brother’s name. Unfortunately for McClain, it didn’t stop his arrest but instead added a charge of providing false information to police along with his probation violation charges.

Pretending to be someone else

Using someone’s name and personal information when approached by police officers is often done by those wanting to avoid charges that may be pending on their own name. If they don’t have their ID in their possession to contradict the name they’ve used verbally, sometimes they can get away with the faulty information. Another reason someone may borrow another’s information is when they are underage and wanting to purchase alcohol or attend a bar. For this reason, actually having the ID stating they are 21 is required. If the underage drinker can find a 21 or older look-alike, such as a sibling, they will often borrow the ID to support their drinking habit. Of course, both giving false information to an officer and using another’s ID are against the law for the accused and their older friend or sibling if they loaned their ID willingly. These charges are minimal compared what will happen if a fake ID is used.

Prison time for making a fake ID

Photo by: Drew Stephens

Photo by: Drew Stephens

A fake ID is one that has been tampered with or made from scratch altogether. Typical forged data found on a fake ID include:

• The person’s actual ID with information such as the birthday changed
• Someone else’s ID with the picture replaced
• A newly produced, yet fake ID card any desired picture and information

Besides an actual state ID card or drivers’ license, other documentation that can be fraudulently altered or produced includes:

• Birth certificates
• Marriage licenses
• Death certificates

Don’t mess with the feds

All of the above documents, like a fake ID, can be used to deceive law enforcement and other government officials and even steal another’s identity. The listed documents are state issued and bring with them charges based on the state of the arrest. According to Utah Code 76-6-501, producing false identification such as a fake ID is a second degree felony and punishable by up to 15 years in prison. For identification items such as a forged passport, social security card, permanent resident card (green card), or tourist visa, these are federal documents and will bring harsher charges from federal prosecutors.

Easy, yet costly

With technology able to print 3D images, printing or altering a flat ID card is a piece of cake. Fake ID’s are also talked about so casually that many individuals don’t understand the legal ramifications that can come from using one. Making a fake ID or altering a government issued ID is not worth whatever privilege it allows temporarily such as driving, buying alcohol, or travel to other countries. For those caught using or making a fake ID or other state or federal document, speak to a criminal defense attorney immediately.

Utah School Bus Driver Facing Molestation Charges

The trial commenced today for a Sandy, Utah school bus driver who is facing molestation charges for inappropriately touching young girls on his bus last year. 61 year old John Martin Carrell faces over 30 counts of molestation charges for allegedly touching two 5 year old girls while he buckled them into their seats.

Sexual Abuse

Molestation is known by law as sexual abuse. According to Utah Code 96-5-404 “A person commits sexual abuse of a child if, under circumstances not amounting to rape of a child, object rape of a child, sodomy on a child, or an attempt to commit any of these offenses, the actor touches the anus, buttocks, or genitalia of any child, the breast of a female child, or otherwise takes indecent liberties with a child, or causes a child to take indecent liberties with the actor or another with intent to cause substantial emotional or bodily pain to any person or with the intent to arouse or gratify the sexual desire of any person regardless of the sex of any participant. Sexual abuse of a child is a second degree felony.” In cases such as Carrell’s, because he was in a position of trust as a school district bus driver, if convicted he could face aggravated sexual abuse which is a first degree felony.

Photo by: Shinichi Sugiyama

Photo by: Shinichi Sugiyama

Evidence or lack thereof

While video surveillance showing Carrell spending an excessive amount of time buckling the victims in could possibly seal his fate, often there is no video to incriminate or exonerate the suspect. Besides testimony from the victim, the only evidence usually available in molestation cases is evidence apparent to a physician. Even then, it doesn’t always pinpoint the right suspect. With evidence typically being based solely on testimony, it makes one wonder how many charges are false.

Molestation charges often fabricated

Molestation cases against various people such as bus drivers are frequently showing up in the news and occasionally are found to be fabricated stories. This is extremely unfortunate for those falsely accused of the charges, as it may negatively impact their current and future employment. This may be the case for 44 year old Enrique Napoles of Miami. Napoles was charged with molestation in late February when a student on his private bus claimed he had molested her while they were alone on the bus. After no evidence or witness testimony was found to support the charges, the prosecution dropped the charges. Nothing is known as to whether or not Napoles remained employed with the company; nevertheless many assume they wouldn’t continue to employ someone who had been charged with molestation of a child.

Who makes up the stories?

When someone is found to be innocent of molestation charges, a typical thought after the initial skepticism is: the victim needed attention or was mad at the suspect. While this may be true in a few cases, there are other reasons why people are falsely accused of molestation.
• A child who was in fact molested, but chooses to blame another for reasons such as fear or shame.
• Parents and/or caretakers who notice the child behaving abnormally and proceed to make assumptions.
• Teachers & counselors seeing or hearing about questionable behavior at school, and follow up with a call to law enforcement.
• Someone besides the victim who is angry or otherwise upset with the accused. They may try to punish or hurt the accused by making false allegations.
Besides those strictly out for attention or revenge, these are frequently honest mistakes of an adult seeing “red flags” and making the phone calls that they feel are necessary.

Permanent damage to criminal record

Even if someone is not convicted of molestation or sexual abuse their criminal record may still list the fact that they were arrested for it. Employers are privy to this information before hiring and they don’t always distinguish between convicted and arrested. This can make it difficult for falsely accused individuals to work in employment where children are located such as schools. For information on how you can protect or clean your record or for help in defending yourself against fabricated or factual molestation charges, contact a criminal defense attorney immediately.