Wrongfully Obtaining DMV Documentation – California Penal Code 529.7
Over the last twenty-five years, I've handled many cases where people wrongfully obtained documents from the California Department of Motor Vehicles or DMV.
They're getting false driver's licenses, false vehicle registrations, and false identification cards, and the DMV has you sign documents under penalty so that you can be charged with this 529.7 charge.
You could also be charged with perjury under Penal Code §118. These are very serious crimes, especially if you're doing it for immigration reasons – you're trying to get a driver's license and bringing in false documentation.
If you are convicted of either perjury or Penal Code §529.7, you could impact your immigration status because it would be a crime of moral turpitude. So, you don't want a conviction for obtaining false documentation from the DMV.
Sometimes, people do it for immigration purposes. Sometimes, they do it to commit more serious fraudulent activities, or they are trying to do tricky things with cars, so they obtain false documentation related to vehicle registration. I also get a lot of these cases.
We need to get you in the office to go over everything. Could you let me know why you were getting the documentation or if you even got it?
Sometimes, people aren't getting it; others are getting the documentation, and you somehow get blamed. Sometimes, you have a fake ID because you're young, and you want to be able to get into certain locations and buy alcohol. These are not the most serious cases.
The authorities are guarding against people who get false documentation from the DMV and try to use that false documentation to commit some sort of other crime. So now they're going to get a fake driver's license, and then they're going to start doing some fraudulent scheme or scam with that driver's license so it doesn't trace back to them.
These are the people that the prosecutors and judges are looking to hammer, send to prison, and give all kinds of restrictions to.
Defenses To PC 529.7 – Obtaining False Information from the DMV
One defense is that you did not obtain the false information. Unless the prosecutors have videotape or some other information that shows that you're the person obtaining the false information, they will have a tough time proving the case against you.
Also, if the information you're obtaining is not false, that would completely defend the crime. So, these defenses to Penal Code §529.7 – obtaining false information from the DMV – whether it be an ID card, driver's license, or vehicle registration- will turn on the facts of the specific case.
That's why we get you in the office. We sit down and go over everything. I encourage you to be honest and give me all the truth about your transactions at the DMV so we can talk about it and decide what you're facing, what you can do to help yourself, and what I'm going to be able to do to help you.
It's imperative in these cases to avoid a conviction for any type of moral turpitude crime like perjury or even getting false information from the DMV because these things will stay with you for a long time. You will be looking at being sent to prison for a significant period.
They also put other ramifications on you – you'll never be able to own, use, or possess a firearm if you're convicted of a felony – a Penal Code §529.7 violation.
We can often get lesser charges if they have evidence against you, or we can even get the case dismissed if they don't have the evidence against you. Another thing I see happening in these getting false information related to DMV document cases is that the authorities are doing a one-sided investigation.
They're not giving your version of events. They're not giving your story, so that's what your criminal defense attorney has to do – get your story out there – the things that show what happened and not such a one-sided investigation as it relates to this Penal Code §529.7 violation.
