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    arrested for false reg. tabs in Dec 06- still going to court

    This is my 2nd time trying to post this. my first attempt was lost becasue I timed out of my log in! Ugh.
    Ok short and sweet now. on 12/23/06, I was pulled over and found out that I had fake tags on my car. I know what everyone must be thinking. How do you not know your tags are fake? Im serious. a little history.. In the beginning of the month, my 7 yr old and I moved to a new apt. right next door to some friends of mine. so my friend brought ove some helpr to help us. They were a big help. I just met both of these guys that day. seemed nice enough. clean looking One in particular was very helpful, He was a young kid (25) (we'll call him Bryan) . Bottom line, he took my car that night when I fell asleep w/ my daughter and got it towed. He wasn't working and I was broke from the move, so it took me almost a wk and $400 to get my car back. Bryan got a job and said he would take care of my registration since he couldnt afford the $400. . My tags were almost 2 months expired. I gave him the paperwork and he went to the DMV came back and told me he took care of it and put the tags on my plates and the registration in my glove box. . I didn't give it a another thought. I was relieved it was handled..
    Mind you I have never been in any trouble, never arrested..
    The officer was being a jerk (also had a female trainee with him) so I don't know if I was an example for him or what. But he harrassed me and said he diidn't beleive me. told me to get out of the car.. He asked if he could search my car and I told him No. . Thats when he told me to put my hands behind my back and he placed me under arrest. Said now he didn't need my permission cause he was having it towed..
    I thought I read somewhere that for misdemeanors., the officer must witness the crime in order to arrest you. No so for felonies. Is there any truth to that?
    Whats the point of asking if he could search if he is going to do it anyways? what was his probable cause?
    I ended up being taken to the GGPD and booked , cited for false tabs (4462.5 VC)and (11364 HS) released on my OR(4 hrs later and all the impound and registration fees This time it took me almost 3 wks to get my car out. I am still fighting this case and i go back to court on 8.27.07. They just changed my PD on me who is some young punk who's only interest is closing out this file. He is telling me to take the DA's offer of 3 yrs informal plus 10 days of Cal Trans because my story is not beleivable. Says its the officers word against mine. Even though I have a witness who gave the investigator her statement stating Bryan stole her tags and didn't notice until I got arrested. , They questioned Bryan who denied doing it. or ever even driving my car..
    He (my new PD tells me right infront of the officer that my case isn't really beleivable and that the officer is just going to say that he was going to arrest me anyways ,
    Said If I take it to trial and lose I will do a min. of 60 days for the paraphenalia alone. I asked him what about the motion to suppress evidence for illegal search my other atty felt confident we would prevail on. Says not likely. . I told him I felt like he just threw me under the bus. He was supposed to believe in me and defend me to his best ability. He told me that he didn't beleive me and i didn't have to like him and he didn't have to like me. For me to file a motion to have him fired if I wasn't happy. What kind of crap is that?
    I wasn't under the influence. That was never in question. I don't do drugs. I find it hard to beleive that I would get 60 fdays jailtime if I lose. which I can't beleive it is even going that route. I can't have this kkind of thing on my record. I will never be able to get a job in my line of work. I need some help and advise as to how to handle this. when I was young and dumb.. There were countless number of times I could have and probably should have been arrested. for drunk driving/drugs... This was not one of those times.


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    What state? False tags? I see tabs. Were drugs found in your car too? You mention paraphenalia. File for a motion to change lawyers...couldn't hurt right? Take Bryan to small claims court for all your expenses tied to the case. Make sure the witnesses can go with you to testify that he took the car, the neighbor whose plates were stolen, etc...
    Check back for more answers from people on forum with experience in this area. A great case for People's Court!

  3. #3
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    From the section cited, I can presume this happened in California.

    Quote Originally Posted by cm from anaheim View Post
    Ok short and sweet now. on 12/23/06, I was pulled over and found out that I had fake tags on my car. I know what everyone must be thinking. How do you not know your tags are fake?
    That was MY first reaction ... I know that my registration is paid ... you're saying you did not know that yours was not?

    My tags were almost 2 months expired. I gave him the paperwork and he went to the DMV came back and told me he took care of it and put the tags on my plates and the registration in my glove box. . I didn't give it a another thought. I was relieved it was handled..
    Will he testify to this in court? Will your friend 'fess up to putting the false tabs on? If not, then you are still likely to be held responsible.

    The officer was being a jerk (also had a female trainee with him) so I don't know if I was an example for him or what. But he harrassed me and said he diidn't beleive me.
    Well ... I probably wouldn't believe you, either. You wanna know how many times I have heard something similar in these situations? In San Diego we used to joke about the "sticker fairies" and how they used to wander the streets at night putting valid stickers on unregistered vehicles.

    told me to get out of the car.. He asked if he could search my car and I told him No. . Thats when he told me to put my hands behind my back and he placed me under arrest. Said now he didn't need my permission cause he was having it towed..
    He was right.

    I thought I read somewhere that for misdemeanors., the officer must witness the crime in order to arrest you. No so for felonies. Is there any truth to that?
    With some exceptions, that's generally true.

    But, he did apparently witness your having the false tabs on the car - that's a misdemeanor committed in his presence.

    Whats the point of asking if he could search if he is going to do it anyways? what was his probable cause?
    He was asking to be polite. But, since he can arrest you for the criminal offense, he was able to search under a different authority (in inventory of the vehicle pursuant to impound)

    I ended up being taken to the GGPD and booked , cited for false tabs (4462.5 VC)and (11364 HS) released on my OR
    Oops! They found dope paraphernalia during the inventory? What was the item they found? (They may have cited the wrong section, depending on the item seized.)

    Says its the officers word against mine. Even though I have a witness who gave the investigator her statement stating Bryan stole her tags and didn't notice until I got arrested.
    How does she know the tags on your car came from her plates? Does she have the tag numbers? And how does that prove HE stole them and not you?

    They questioned Bryan who denied doing it. or ever even driving my car..
    There goes that alibi and defense.

    Said If I take it to trial and lose I will do a min. of 60 days for the paraphenalia alone. I asked him what about the motion to suppress evidence for illegal search my other atty felt confident we would prevail on.
    The other attorney was a nitwit. Unless they could somehow suppress the arrest for CVC 4462.5 (unlikely since it IS an arrestable misdemeanor), AND also show that the vehicle's registration was less than 6 months overdue, then the search of the car would stand.

    Even if the officer chose to cite you in the field, he could still have towed the car if it was 6 months or more expired.

    Says not likely. . I told him I felt like he just threw me under the bus. He was supposed to believe in me and defend me to his best ability.
    It's not his job to drag the matter on just to drag it on. A private attorney that you pay by the hour may be happy to take your money and drag the proceedings on and on to what may be an inevitable conclusion ... a public defender is not likely to waste his time.

    It's very likely that you have no good defense here, and the best you can hope for is a good plea. Even the best attorney cannot make a defense if there is none.

    But, you can always direct him to take it to trial. And if you don't like the defense he is providing, gather the funds and pay for your own attorney who will fight tooth and nail.

    I wasn't under the influence. That was never in question. I don't do drugs.
    Then where did the paraphernalia come from??

    Ultimately, you have the say in your defense and you have to take the bull by the horns ... unfortunately, it may be a bull you cannot control.

    - Carl
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    A Nor Cal Cop Supervisor

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    And a croissant!"

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    Quote Originally Posted by CdwJava View Post
    From the section cited, I can presume this happened in California.


    That was MY first reaction ... I know that my registration is paid ... you're saying you did not know that yours was not?


    Will he testify to this in court? Will your friend 'fess up to putting the false tabs on? If not, then you are still likely to be held responsible.


    Well ... I probably wouldn't believe you, either. You wanna know how many times I have heard something similar in these situations? In San Diego we used to joke about the "sticker fairies" and how they used to wander the streets at night putting valid stickers on unregistered vehicles.


    He was right.


    With some exceptions, that's generally true.

    But, he did apparently witness your having the false tabs on the car - that's a misdemeanor committed in his presence.


    He was asking to be polite. But, since he can arrest you for the criminal offense, he was able to search under a different authority (in inventory of the vehicle pursuant to impound)


    Oops! They found dope paraphernalia during the inventory? What was the item they found? (They may have cited the wrong section, depending on the item seized.)


    How does she know the tags on your car came from her plates? Does she have the tag numbers? And how does that prove HE stole them and not you?


    There goes that alibi and defense.


    The other attorney was a nitwit. Unless they could somehow suppress the arrest for CVC 4462.5 (unlikely since it IS an arrestable misdemeanor), AND also show that the vehicle's registration was less than 6 months overdue, then the search of the car would stand.

    Even if the officer chose to cite you in the field, he could still have towed the car if it was 6 months or more expired.


    It's not his job to drag the matter on just to drag it on. A private attorney that you pay by the hour may be happy to take your money and drag the proceedings on and on to what may be an inevitable conclusion ... a public defender is not likely to waste his time.

    It's very likely that you have no good defense here, and the best you can hope for is a good plea. Even the best attorney cannot make a defense if there is none.

    But, you can always direct him to take it to trial. And if you don't like the defense he is providing, gather the funds and pay for your own attorney who will fight tooth and nail.


    Then where did the paraphernalia come from??

    Ultimately, you have the say in your defense and you have to take the bull by the horns ... unfortunately, it may be a bull you cannot control.

    - Carl
    The other attorney was a nitwit. Unless they could somehow suppress the arrest for CVC 4462.5 (unlikely since it IS an arrestable misdemeanor), AND also show that the vehicle's registration was less than 6 months overdue, then the search of the car would stand.

    Even if the officer chose to cite you in the field, he could still have towed the car if it was 6 months or more expired.
    The registration was less than 60 days expired. I used the money for the registration on getting the car out of impound . I never would have put false tabs on my car because I know it is really no big deal to drive with expired tags under 3 months.
    The only reason I didnt know it wasn't paid for is because Bryan said he would pay them since he just got paid and owed me for the initial impound fees. He was getting off cheaper. becasue it was only 289 for my registration. I alreaaaady had proof of insurance and smog . I just needed to pay the fees.

    So since it was less than 6 months , should the car have been impounded? Searched? me arrested?

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    Quote Originally Posted by cm from anaheim View Post
    So since it was less than 6 months , should the car have been impounded? Searched? me arrested?
    You weren't arrested for the expired reg., you were arrested for possession of false evidence of registration (the tabs). Therefore, after the arrest, the vehicle was subject to impound pursuant to CVC 22651(h) and as such, subject to an inventory (search) pursuant to the impound.

    - Carl
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    "Make mine a mocha ...
    And a croissant!"

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    Your case has too many variables………..It is not cut dry. Most of what you are considering evidence in your support cannot stand the test of a trial. It is “your say”. It might sound convincing to the common person but must be plausible or provable to a reasonable extend in court. CDWJava nailed most of your problems………Need not echo them. The police case on the other had seems like can withstand all possible motions to suppress. Just finding paraphernalia in your car reduces your credibility even if you say it is not yours. In most courts never having been arrested is not evidence that you can’t commit a crime. They simply think you have just been lucky in the past. It would help only in sentencing. Visit a private lawyer for free consultation and get some advice. Your case is a bit too complex for this forum. It needs someone with the mastery of the law of your state. Without Bryan admitting to anything or other witnesses, your chances of success don’t seem good based on what you posted. We are not questioning your integrity but simply trying to make you see the problems.

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    How can I get the tag numbers? from the Police report? do i JUST ASK MY ATTY?
    And does it matter that Bryan is now looking at 19 felony charges .. all which occurred during this same time. The are all for id theft and burglary. Which is why he wanted to use my car so bad. I never let him take my car after he had it impounded. and I used the expired tabs as my excuse for him not to use it. That is why he insisted on " paying me back" by completing my registration. I would not have ever tried putting fake tabs on my car since I was not worried about getting pulled over for expired tags. I know the police don't usually bother you until the tags are at least 3 months expired.
    Bryan is a smooth talking con man. Should his credibility be in question when it comes to his word against mine? I have the witnesses stmts that state he wanted and did use my car as well as had access to the neighbors registration tabs. which all of the sudden are missing. what a mess. I can't believe this crap.

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    Quote Originally Posted by cm from anaheim View Post
    How can I get the tag numbers? from the Police report? do i JUST ASK MY ATTY?
    Probably in the police report.

    In any event, this is an EASY element to prove ... they check the DMV, find that your registration was NOT valid, therefore no tabs were issued ... thus, ANY tabs on the back plate were false tabs.

    Oh, and we CAN run the tab numbers to see who they were issued to.

    And does it matter that Bryan is now looking at 19 felony charges .. all which occurred during this same time. The are all for id theft and burglary.
    It might go toward his credibility ... but, the fact that he's a crook does not automatically infer that you are not.

    I would not have ever tried putting fake tabs on my car since I was not worried about getting pulled over for expired tags. I know the police don't usually bother you until the tags are at least 3 months expired.
    These will all be issues you can play out in your defense. Your attorney can best advise you how well that will fly. Your big problem is that YOU benefited from the tabs and they were on YOUR car. If you can produce witnesses to support your contention that Bryan provided the phony tabs and deceived you, then that would help.

    The prosecution is going to likely ask you if you ever received or looked at the alleged new registration. You will tell him, "No." That won't look good for you.


    - Carl
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    A Nor Cal Cop Supervisor

    "Make mine a mocha ...
    And a croissant!"

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    Ignorance is never a defense.

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