FALSE IDENTIFICATION TO LAW ENFORCEMENT

Encounters with law enforcement can be stressful and troubling. Individuals who are facing arrest warrants may not want to be taken into custody. College students and other individuals being detained by police may be tempted to provide a false name, birthdate or address to try and avoid getting into trouble. However, providing false identifying information to a police officer is a separate crime in Pennsylvania, and will make your situation worse. If you are facing this charge, it is important to come to court with an experienced and prepared criminal defense attorney.

False Identification to Law Enforcement Penalties and Elements

The crime of providing a False Identification to Law Enforcement is found at Title 18 Section 4914 of the Pennsylvania Crimes Code. It is graded as a 3rd Degree Misdemeanor punishable by up to 1 year in jail and a maximum fine of $2,500. If convicted, you cannot expunge the charge from a criminal background check, and will have to wait a minimum of ten years before being able to have the offense sealed from public access.

To be found guilty of this charge, the Commonwealth must prove that you provided law enforcement with false information about your identity after being informed that you are the subject of an official police investigation into a violation of law. In other words, if you are stopped by police and told you are being investigated, you must provide police with your accurate identifying information. Providing a fake name, birthdate, address or social security number will constitute a violation.

False Identification to Law Enforcement as a Crime of Dishonesty and is Consciousness of Guilt Evidence

Providing a False Identification to Law Enforcement is considered a crime of dishonesty in Pennsylvania, which can impact your ability to secure employment, housing, and financial aid. Furthermore, a conviction can negatively impact your credibility in future legal proceedings. As an example, if you have a conviction for this offense and are charged with a new crime, your past conviction for providing false identification can be used to attack your credibility at trial if you testify.

Also, if you are facing additional charges and proceed to trial, your decision to provide false identifying information may be used as consciousness of guilt evidence. For example, if you were arrested for drug possession and provided a false name to police, the prosecution may argue that you used a fake name because you knew you were guilty of possessing drugs illegally and sought to avoid prosecution.

Defenses to a False Identification to Law Enforcement Charge

Perhaps the most common argument or defense associated with a False Identification to Law Enforcement Charge is the police officer in your case failed to identify himself or herself as a police officer, or failed to notify you that you were subject to an official investigation of a violation of law. For example, if a police officer walks up to you and asks your name, but never tells you that you’re being detained for an investigation, the Commonwealth will not be able to meet its burden of proof. Additionally, you may have been unlawfully detained without reasonable suspicion to believe that you were engaged in criminal activity.

Zuckerman Law Firm has helped numerous clients avoid convictions for providing a False ID to Law Enforcement

The simple fact that you provided a fake name, birthdate, social security number or date of birth to a police officer does not mean that your case will end with a conviction. Attorney Dave Zuckerman has prosecuted and defended those accused of giving false identifying information to members of law enforcement. Our firm has represented college students and career criminals facing this charge in state courts throughout Western Pennsylvania, helping numerous individuals to avoid a conviction for this charge. For a free consultation, please call 412-447-5580.