LEGAL DEFINITION

PC 529.5:  the crime of Manufacturing Fake Identification Documents (IDs) occurs when an individual manufactures, sells, offers to sell, or transfers any document that for its content and appearance looks like a government-issued ID, knowing that it’s not a government-issued ID.  The crime is committed also by any individual who possesses an ID or Driver’s License not issued by a Government Agency, knowing that the document is false.

In order to obtain a conviction for a violation of PC 529.5, the prosecutor must prove beyond a reasonable doubt each of the following:

1. You either manufactured, sold, offered to sell, or otherwise transferred an identification card or a driver’s license
2. The content or look of the identification or driver’s license would lead an ordinary person to believe that the document is issued by a government agency
3. At the time you manufactured, sold, offered to sell, or otherwise transferred the document, you knew that the document is not a government-issued ID.

In case you are charged with the crime because you were found in possession of the fake ID, the prosecution will have to prove beyond a reasonable doubt that, at the time you were found in possession of the fake ID, you knew that the ID in your possession was not a government-issued document.

WHAT DOES IT MEAN?

You commit PC 529.5 when you manufacture, sell, offer to sell, or simply transfer to another person a document that looks like an ID, whether it’s an ID card or a driver’s license, and at the time you manufactured or transferred the document, you knew that the document is not an ID issued by a government agency.  You commit the crime also if you are found in possession of a fake ID, and you knew that ID was fake.

Difference between PC 529.5 – Manufacturing Fake IDs and PC 477 – Counterfeiting / PC 470 – Forgery

There are two major differences between the crime of Manufacturing Fake IDs and Counterfeiting and Forgery.

1. To prove the crime of Manufacturing Fake IDs, the prosecuting only has to prove that you manufactured or transferred to another person an ID that, at the time you manufactured or transferred the document, you knew it was a fake ID.  To prove that charges of Counterfeiting or Forgery, the prosecution must prove also that you manufactured or transferred the fake ID with the intent to defraud another person.
2. Manufacturing Fake IDs is a misdemeanor, punishable with a sentence of up to one year in county jail.  Counterfeiting is a felony punishable with a sentence to county jail for up four years.  Forgery is a “wobbler” offense, which means that it can be charged either as a misdemeanor or as a felony; if it’s charged as a misdemeanor, you can be sentenced to jail for up to one year.  If it’s charged as a felony, you can be sentenced to jail for up to three years.

Example

John is a college student at a large university.  His friend Travis from back home works at a print store and is good with computers.  John and Travis start a fake ID business, in which John collects money and passport photos from his fellow college students, mails the photos and the money to Travis, who designs and then manufactures the fake IDs.  When the batch of IDs is ready, Travis mails them to John, who then hands them over to the students.

Did John and/or Travis violate PC 529.5? 

Yes, they both did.  John committed Manufacturing Fake IDs when he offered to sell fake IDs to his classmates.  Travis committed Manufacturing Fake IDs when he manufactured the fake IDs using the passport photos provided by John.

PENALTIES

PC 529.5 – Manufacturing Fake IDs is a misdemeanor for which you can be sentenced to county jail for up to one year, be ordered to pay a fine of up to $1,000, or both.  The amount of the fine may reach $5,000 if you have a prior conviction for the same crime.  If you are sentenced to a county jail, you would have to serve at least 50% of your sentence.  If you are convicted of PC 529.5 because you were found in possession of a fake ID, you will be sentenced to pay a fine of between $1,000 and $2,500; however, the Court may give you the option to work off the fine by performing community service instead.  If community service is not available, the Court can only impose a fine of $1,000.  This is not a strike offense under California’s Three Strikes Law. It is also not a Sex Offense requiring Sex Registration under PC 290. This is not a crime of moral turpitude, so it would not directly impact you in Immigration Court or if you have a professional license.

DEFENSES

1. Insufficient Evidence.  The most common defense used in criminal defense is that there simply isn’t enough evidence to convict you of the charge.  For example, you were found in possession of a fake ID, but you didn’t know that the ID was fake.  You went bowling the night before, and when the clerk handed back the ID after you returned the shoes, he gave you back the fake ID of another guy who doesn’t look like you at all, but you didn’t check whether the ID the clerk gave you back was actually your ID.
2. Violation of Your Rights.  This is the case in which the police obtain evidence of the crime by violating your rights, such as your right to be free from unreasonable police searches.  Going back to the scenario we discussed above, the prosecution may charge John with PC 529.5 because the police found a box with the fake IDs in the trunk of John’s car; however, when the police search John’s car, they didn’t have probable cause to open the trunk and check the content of the box that contained the fake IDs.

CONCLUSION

Facing allegations under Penal Code 529.5 for Manufacturing Fake IDs can lead to serious legal repercussions, including substantial fines and potential jail time. It’s a situation that demands immediate and effective legal action to safeguard your future, reputation, and financial well-being.

Why Inland Empire Criminal Defense is Your Ideal Choice

Our dedicated team of Ontario attorneys specializes in defending individuals accused of Manufacturing Fake IDs. Recognizing the gravity of your situation, we prioritize early intervention. If charges haven’t been filed, we act swiftly to engage with investigators and prosecutors, aiming to prevent charges from being laid based on a lack of evidence or mitigating factors.

Our Comprehensive Legal Services Include:

• Early Intervention: Contacting law enforcement and prosecutors immediately to assess the evidence against you and argue for non-filing of charges.
• Custom Defense Strategy: Crafting a tailored defense strategy that addresses the nuances of your case and seeks to minimize potential consequences.
• Ongoing Support and Guidance: Offering round-the-clock legal support and guidance to navigate through this challenging time.

Take Immediate Action

The implications of a charge under PC 529.5 are too significant to overlook. Don’t gamble with your future by delaying the decision to seek professional legal help. Our Ontario PC 529.5 attorneys have a proven track record of successfully defending individuals throughout the Inland Empire, leveraging their extensive experience and legal acumen to achieve favorable outcomes.

Contact Us Now for a Strong Defense

If you’re facing potential charges for Manufacturing Fake IDs, or if you’re currently under investigation, contact Inland Empire Defense immediately. Our proactive approach and commitment to your defense can make a critical difference in your case. Reach out to your local Rancho Cucamonga Criminal Defense Attorneys at Inland Empire Defense by dialing 909-939-7126. Located conveniently in Ontario, we’re here to stand by you every step of the way.