Fraud, Embezzlement, Bad Checks Fake I'D !!!

[JCali909]

I am a full time college student with no criminal history at all, I was caught using a fake I'D, that had all of my correct information except my city. I did not have anything to drink, but i was caught in a bar . This is my first real offense of any sort, besides minor traffic stops, that could be on my record. I am wondering if this is a Felony in California or a misdemeanor ? Also, what the possible outcome of my hearing could be ?

Did a bit of research and wondered if this is accurate ?

-
Department of Alcoholic Beverage Controls :

IF YOU ARE CAUGHT WITH A FAKE ID the penalty is a minimum $250 fine and/or 24-32 hours of community service, or a maximum $1,000 fine and/or six months in the county jail, PLUS...a one year suspension of your driver license. If you don't yet have one, you'll have to wait an extra year to get one.

 

[seniorjudge]

Sounds accurate to me.

 

[CdwJava]

The offense is usually a misdemeanor and can be prosecuted under a couple of different sections with some greater penalties (like jail time). But, here is the section most commonly used when presenting phony ID to a liquor establishment:

B&P 25661. (a) Any person under the age of 21 years who presents or
offers to any licensee, his or her agent or employee, any written,
printed, or photostatic evidence of age and identity which is false,
fraudulent or not actually his or her own for the purpose of
ordering, purchasing, attempting to purchase or otherwise procuring
or attempting to procure, the serving of any alcoholic beverage, or
who has in his or her possession any false or fraudulent written,
printed, or photostatic evidence of age and identity, is guilty of a
misdemeanor and shall be punished by a fine of at least two hundred
fifty dollars ($250), no part of which shall be suspended; or the
person shall be required to perform not less than 24 hours nor more
than 32 hours of community service during hours when the person is
not employed and is not attending school, or a combination of fine
and community service as determined by the court. A second or
subsequent violation of this section shall be punished by a fine of
not more than five hundred dollars ($500), or the person shall be
required to perform not less than 36 hours or more than 48 hours of
community service during hours when the person is not employed or is
not attending school, or a combination of fine and community service,
as the court deems just. It is the intent of the Legislature that
the community service requirements prescribed in this section require
service at an alcohol or drug treatment program or facility or at a
county coroner's office, if available, in the area where the
violation occurred or where the person resides.
(b) The penalties imposed by this section do not preclude
prosecution or the imposition of penalties under any other provision
of law, including, but not limited to, Section 13202.5 of the Vehicle
Code.​

- Carl

 

[JCali909]

O.K Thank You for the great response, so this is not a possible Felony ? The reason i ask is i am currently being recruited for College Football and it strictly says that no Division I athlete can compete with a Felony on his record ! If it is not, do you think a lawyer should be looked into ?

 

[CdwJava]

O.K Thank You for the great response, so this is not a possible Felony ?

Not in the circumstances you posed here, no.


- Carl