Wrongfully Obtaining DMV Documentation – Penal Code §529.7
Over the course of the last twenty-five years, I’ve handled a lot of cases where people are wrongfully obtaining documents from the California Department of Motor Vehicles or DMV. Basically, they’re getting false driver’s licenses, false vehicle registrations, false identification cards and the DMV has you sign documents under penalty of, so you can be charged with this 529.7 charge. You could also be charged with perjury pursuant to 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 the false documentation. Now you get convicted of that, either perjury or this Penal Code §529.7 and you’re looking at impacting your immigration status because it’s going to be a crime of moral turpitude. So, you definitely don’t want a conviction for obtaining false documentation from the DMV. Sometimes people do it for immigration purpose. Sometimes people do it to commit more serious fraudulent activities or people are trying to do tricky things with cars, so they’re obtaining false documentation related to vehicle registration. I get a lot of these cases as well.
Really what we need to do is get you in the office, so we can go over everything because I need to know why you were getting the documentation, or if you even got the documentation. Sometimes people aren’t getting it; other people are getting the documentation and then somehow, you’re getting blamed for it. Sometimes you just 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. Really what the authorities are guarding against is people who are getting false documentation from the DMV and trying to use that false documentation to commit some sort of another 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 too.
What Are Some Defenses To Penal Code §529.7 – Obtaining False Information from the DMV?
One defense is that you’re not the one that obtained the false information. Unless the prosecutors have videotape or some other information that shows that you’re the person that was obtaining the false information, they’re going to have a tough time proving the case against you. Also, if the information you’re obtaining is not false, then obviously that would be a complete defense to the crime. So, really 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 are going to turn on the facts of the specific case.
That’s why we get you in the office. We sit down and go over everything. Obviously, I encourage you to be honest and give me all the truth about your transactions at the DMV, so that we can really sit down and 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, because it’s imperative in these cases that avoid a conviction for any type of moral turpitude crime like perjury or even getting false information from the DMV because these things are going to stay with you for a long time. You’re going to be looking at being sent to prison for a significant period of time. 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.
A lot of times what we can do is get lesser charges if they do 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 really happened and not such a one-sided investigation as it relates to this Penal Code §529.7 violation.
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