DMV Biometric Photo Recognition Software

[cyberspark1]

I have maintained two drivers licenses since the Vietnam War (1970) when I sought to avoid the draft. One under my own name and one under the name of a child who passed away when he was just 3 months old. I was arrestted for fraudulently obtaining a false identity and burglary, class 3 felonys, at the DMV when I went to renew one of the licenses. I have maintained both licenses for over 40 years without attempting to use either identity to defraud anyone. Several legal issues come to my mind such as using the facial recognition software without disclosing that it is in use thereby violating my constitutional right against self-incrimination, burglary was not committed and was added by the arrestting officers for the purpose of ruining an unblemished record thus nullifying both charges and incriminating the arresting officers for false arrest/imprisonment, that any cause of action that may have been justified has been wiped out by the statute of limitations, and the fact other people seeking to avoid the Vietnam War draft have since been pardoned for the same behavior. I have received various types of advice from pleading guilty to a gross misdemeanor for the fraud charge and the court will drop the burglary to spending 3 months to one year in jail with felonys on my record. The elements of burglary are not present since there was no breaking or entering into the residence of another so this charge should be dropped. Because this is a first offense and because no one one was injured or damaged and there was no intent or overt act to do so the identity theft charge ought to be dropped. Does this make sense?
Is there any advice on a way out of this mess? What defenses would I have for this situation?

 

[mightymoose]

There is no violation of your rights by using the software. Not even close.
I think I know the angle on the burglary charge... and it is likely to be tossed. In some jurisdictions burglary is defined as the unlawful entry into any structure with intent to commit theft or any felony within. Your entry into DMV was not unlawful... and I think the police were just trying to stack charges on you with that one... but there may be more to it.
It was not false arrest by any stretch of the imagination.
Your continued use of the ID's and attempt to renew them kills your theory on the statute of limitations, though there are probably even better reasons for why it wouldn't apply.
The fact that other people have been pardoned does not mean that you should not be charged. Maybe you will be able to get a pardon after your conviction as well.
The identity theft charge probably won't stick either... but is more likely to be replaced with something more appropriate like false personation. The attorneys will work that out.

It is not as messy as you seem to think. You got caught.
Work with an attorney to try and minimize the charges as much as possible.

 

[jharris352]

Justice for the 55,000+ who didn't run.