Other Criminal Charges & Offenses false impersonation on facebook?

Lara Clark

Lara Clark

New Member
Jurisdiction
California
I am totally in shock right now. A few week ago I got a call from a detective. He asked me if I had made an impersonation page about a judge in california. I told him no. But what I did make is an unofficial facebook page in order to discuss the judge and local politics. The page is not a personal profile and it is the name of the judge with the world unofficial next to it.

This page was actually taken down by me without anyone asking me to a few months before I was aware there was an investigation.



I also posted a photo of the judge and posted the address of the court. I never once identified myself as the judge in my postings. I was posting opinions about local politics and highlighting the unfairnes and aburdity of these people in power.

so now I'm facing two felonies. Identity theft and false personation.

I have to go to jail and be booked in a few days with a 50k bond. I am so scared and confused how this could happen because I didn't intend for people to think the page was an impersonation page, there no indication that anyone actually mistook the page for a real official page, (i did put the word unofficial in the title).

I feel like I am being singled out and picked on and treated poorly for daring to criticize the judge and local politics. I really thought all this was protected by freedom of speech. will I really go to jail for this? it seems like they want to be vindictive towards me.

I feel so hopeless I cant get out of bed. I really feel I didn't do anything wrong. At worst, I was not explicit enough that my page was not run by the judge but i really thought putting the word "unofficial" in it would be clear that it was not run by the judge.

what am i really looking at here as far as a punishment? is there any chance to get out of this? it really feel like they are either mistaken in their assessment of the purpose of the page or that they just dont care and want to harm me.

thank you to anyone who replies to me !




If I am accused of doing a crime can i introduce documented evidence of my past behavior in identical situations to prove that I was not intending to commit a crime and there is a misunderstanding?
 
Lara Clark said:
I am totally in shock right now. A few week ago I got a call from a detective. He asked me if I had made an impersonation page about a judge in california. I told him no. But what I did make is an unofficial facebook page in order to discuss the judge and local politics. The page is not a personal profile and it is the name of the judge with the world unofficial next to it.

This page was actually taken down by me without anyone asking me to a few months before I was aware there was an investigation.

I also posted a photo of the judge and posted the address of the court. I never once identified myself as the judge in my postings. I was posting opinions about local politics and highlighting the unfairnes and aburdity of these people in power.

so now I'm facing two felonies. Identity theft and false personation.

I have to go to jail and be booked in a few days with a 50k bond. I am so scared and confused how this could happen because I didn't intend for people to think the page was an impersonation page, there no indication that anyone actually mistook the page for a real official page, (i did put the word unofficial in the title).

I feel like I am being singled out and picked on and treated poorly for daring to criticize the judge and local politics. I really thought all this was protected by freedom of speech. will I really go to jail for this? it seems like they want to be vindictive towards me.

I feel so hopeless I cant get out of bed. I really feel I didn't do anything wrong. At worst, I was not explicit enough that my page was not run by the judge but i really thought putting the word "unofficial" in it would be clear that it was not run by the judge.

what am i really looking at here as far as a punishment? is there any chance to get out of this? it really feel like they are either mistaken in their assessment of the purpose of the page or that they just dont care and want to harm me.

thank you to anyone who replies to me !
Click to expand...
You need to stop posting about your criminal case on the internet and find/hire a very good criminal defense attorney. If your user name is your real name, I can't begin to tell you how foolish it is to post about your crime on the net.

The State Bar of California
 
The problem for you is that if what you created might be mistaken by others as a page created by the judge then you may have in fact harmed the judge as a result. Creating a page under his name with his photo will certainly look like his page to others even with the term "unofficial" attached to it. All the "unofficial" would suggest is that it was the judge's personal page rather than his official court page. So while you knew it wasn't the judge's page, others may not see it that way. Without seeing the actual pages you put up I cannot tell how likely it is that you might face conviction if this goes to trial, but bear in mind that conviction is always a risk if it goes to trial. What you need is an attorney to defend you. If you can't afford an attorney then apply for a public defender.

You have the right to criticize public officials. But if you are going to do that, create pages either using your name or some completely made up name that does not match any real person. Using the names and photos of real people other than yourself can get you in trouble.
 
Lara Clark said:
If I am accused of doing a crime can i introduce documented evidence of my past behavior in identical situations to prove that I was not intending to commit a crime and there is a misunderstanding?
Click to expand...

You can do that, but in general that's a poor idea because it opens the door for the prosecutor then to introduce any evidence he or she can dig up of bad character on your part.

Please keep all your posts on this in one thread. If you have other questions on your situation, please just add them to your other thread where you explained what is going on.
 
Lara Clark said:
what am i really looking at here as far as a punishment?
Click to expand...

If convicted of false impersonation in California as a misdemeanor, a defendant can be sentenced to up to a year in jail and substantial court fines.

If convicted of felony charges (of false impersonation in California), the maximum sentence is three years in prison and a $10,000 fine. False impersonation is a serious criminal offense that can carry severe consequences.

No one can be punished until he/she has been convicted.

If a person is ACCUSED of a crime, he/she is cloaked in the constitutional presumption of innocence.

Lara Clark said:
is there any chance to get out of this?
Click to expand...

I suggest you STOP discussing any aspect of these charges (or any additional charges) IMMEDIATELY.

I suggest you speak about these charges ONLY with a licensed attorney in your state.

Once you've hired an attorney (or a public defender has been appointed to represent you), speak ONLY to that INDIVIDUAL about this case, no one else!!!!

Finally, I suggest that posting anything about this case (or the charges) can be MORE harmful to your freedom than it is helpful.

We ALL have the right to remain silent, I suggest you avail yourself of THAT right.

Lara Clark said:
If I am accused of doing a crime can i introduce documented evidence of my past behavior in identical situations to prove that I was not intending to commit a crime and there is a misunderstanding?
Click to expand...

No criminal defendant anywhere in this country needs to attempt to PROVE her/his innocence.

That state has the burden of PROVING what it has alleged a criminal defendant has done.

Again, all you need to do (as of this moment) is remain silent, refrain from discussing any aspect of the charges with anyone but her/his lawyer.



Codes Display Text




CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. )


528. Every person who falsely personates another, and in such assumed character marries or pretends to marry, or to sustain the marriage relation towards another, with or without the connivance of such other, is guilty of a felony.
(Enacted 1872.)


528.5. (a) Notwithstanding any other provision of law, any person who knowingly and without consent credibly impersonates another actual person through or on an Internet Web site or by other electronic means for purposes of harming, intimidating, threatening, or defrauding another person is guilty of a public offense punishable pursuant to subdivision (d).
(b) For purposes of this section, an impersonation is credible if another person would reasonably believe, or did reasonably believe, that the defendant was or is the person who was impersonated.
(c) For purposes of this section, "electronic means" shall include opening an e-mail account or an account or profile on a social networking Internet Web site in another person's name.
(d) A violation of subdivision (a) is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment.
(e) In addition to any other civil remedy available, a person who suffers damage or loss by reason of a violation of subdivision (a) may bring a civil action against the violator for compensatory damages and injunctive relief or other equitable relief pursuant to paragraphs (1), (2), (4), and (5) of subdivision (e) and subdivision (g) of Section 502.
(f) This section shall not preclude prosecution under any other law.
(Added by Stats. 2010, Ch. 335, Sec. 1. (SB 1411) Effective January 1, 2011.)



Is it a crime to impersonate someone online in California?


What to Expect in the Courtroom: Contra Costa Superior Court
 
Lara Clark said:
I am totally in shock right now. A few week ago I got a call from a detective. He asked me if I had made an impersonation page about a judge in california. I told him no. But what I did make is an unofficial facebook page in order to discuss the judge and local politics. The page is not a personal profile and it is the name of the judge with the world unofficial next to it.
Click to expand...


I suppose this is the ALLEGED page that has caused your dilemma:

[www.facebook.com/JudgeVictorRodriguezUnofficial]

The above website is WHY its UNWISE to speak to the police.

If any law enforcement offical ever wishes to QUESTION you, decline politely by saying, "Sorry, I am invoking my RIGHT not to speak with law enforcement, as well as my RIGHT to an attorney."

No matter what the police say or do remain calm, be polite, and keep repeating the above sentence.

It is okay to provide your LEGAL name, address, date of birth, and other biographical data.


Speaking to the police can lead to your arrest.


A Law Professor Explains Why You Should Never Talk to Police
 
Tax Counsel said:
The problem for you is that if what you created might be mistaken by others as a page created by the judge then you may have in fact harmed the judge as a result. Creating a page under his name with his photo will certainly look like his page to others even with the term "unofficial" attached to it. All the "unofficial" would suggest is that it was the judge's personal page rather than his official court page. So while you knew it wasn't the judge's page, others may not see it that way. Without seeing the actual pages you put up I cannot tell how likely it is that you might face conviction if this goes to trial, but bear in mind that conviction is always a risk if it goes to trial. What you need is an attorney to defend you. If you can't afford an attorney then apply for a public defender.

You have the right to criticize public officials. But if you are going to do that, create pages either using your name or some completely made up name that does not match any real person. Using the names and photos of real people other than yourself can get you in trouble.
Click to expand...

thank for helping me understand the issue here. Is it not true though that intent is important in whether or not. a crime was committed? As this is a misunderstanding of my intention.


I have an attorney and im not posting under my real name. I'm very scared for my future. It was a honest mistake.
 
Lara Clark said:
thank for helping me understand the issue here. Is it not true though that intent is important in whether or not. a crime was committed? As this is a misunderstanding of my intention.


I have an attorney and im not posting under my real name. I'm very scared for my future. It was a honest mistake.
Click to expand...
Ask your attorney how s/he would feel about you posting on the internet about this criminal case. Any and all questions you have should be posed to your attorney...not random people on PUBLIC sites that do not have access to the evidence.
 
Lara Clark said:
Is it not true though that intent is important in whether or not. a crime was committed?
Click to expand...


There several varieties of crimes.

In California, most crimes require "general intent".

If the crime is completed by taking some action, general intent can be proven by showing that the defendant intended to perform the crime.

Often a person's good intentions can reflect criminal intent because the person's actions revealed that he/she/it intended to commit the prohibited act.



Lara Clark said:
how worried should i be?
Click to expand...

Worrying does nothing to address the allegations made by the state against you.

Lara Clark said:
I have an attorney and im not posting under my real name.
Click to expand...

You should ONLY be communicating with your attorney about the charges facing you.


Lara Clark said:
is there any chance this is not actually a crime and more of a freedom of speech issue?
Click to expand...

There is NO doubt that the charges are indeed crimes.

That question can ONLY be answered AFTER evidence has been admitted into the record of a trial, both sides have presented their case, and a verdict has been rendered.
 
Lara Clark said:
Is it not true though that intent is important in whether or not. a crime was committed?
Click to expand...

Intent isn't as important as credibility.

What you describe sounds like a non issue to me, but for them to pursue such serious charges suggests there is something deeper than what you have offered here.

Using the judge's name isn't really an issue. Consider how many phony Donald Trump accounts there are out there.
What matters is whether the content is credible and could be believed to be the judge.
Your attorney is the best person to discuss your concerns with. You are in the very early stages. It is still possible everything just goes away.
 
Lara Clark said:
can a defendant provide evidence proving innocence on a 995 motion to dismiss in california?
Click to expand...

Eventually you may have what is known as a preliminary hearing where the prosecution will have to show sufficient evidence that a crime was committed.
If the judge decides at the end of the hearing that the case may proceed then you could use 995 to essentially appeal that decision, claiming evidence is insufficient. It is not really an opportunity to produce new evidence. That is evidence that would need to come out in the hearing.
Your attorney can explain the process to you in detail. You are getting ahead of yourself. It is very possible the whole thing goes away before any of that ever happens.
 
mightymoose said:
Eventually you may have what is known as a preliminary hearing where the prosecution will have to show sufficient evidence that a crime was committed.
If the judge decides at the end of the hearing that the case may proceed then you could use 995 to essentially appeal that decision, claiming evidence is insufficient. It is not really an opportunity to produce new evidence. That is evidence that would need to come out in the hearing.
Your attorney can explain the process to you in detail. You are getting ahead of yourself. It is very possible the whole thing goes away before any of that ever happens.
Click to expand...

thank you!
 
Lara Clark said:
I am totally in shock right now. A few week ago I got a call from a detective. He asked me if I had made an impersonation page about a judge in california. I told him no. But what I did make is an unofficial facebook page in order to discuss the judge and local politics. The page is not a personal profile and it is the name of the judge with the world unofficial next to it.

This page was actually taken down by me without anyone asking me to a few months before I was aware there was an investigation.



I also posted a photo of the judge and posted the address of the court. I never once identified myself as the judge in my postings. I was posting opinions about local politics and highlighting the unfairnes and aburdity of these people in power.

so now I'm facing two felonies. Identity theft and false personation.

I have to go to jail and be booked in a few days with a 50k bond. I am so scared and confused how this could happen because I didn't intend for people to think the page was an impersonation page, there no indication that anyone actually mistook the page for a real official page, (i did put the word unofficial in the title).

I feel like I am being singled out and picked on and treated poorly for daring to criticize the judge and local politics. I really thought all this was protected by freedom of speech. will I really go to jail for this? it seems like they want to be vindictive towards me.

I feel so hopeless I cant get out of bed. I really feel I didn't do anything wrong. At worst, I was not explicit enough that my page was not run by the judge but i really thought putting the word "unofficial" in it would be clear that it was not run by the judge.

what am i really looking at here as far as a punishment? is there any chance to get out of this? it really feel like they are either mistaken in their assessment of the purpose of the page or that they just dont care and want to harm me.

thank you to anyone who replies to me !




If I am accused of doing a crime can i introduce documented evidence of my past behavior in identical situations to prove that I was not intending to commit a crime and there is a misunderstanding?
Click to expand...

Shut your mouth. Get a lawyer. That's the only advice anyone can give you on here.
 

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