What to do about a criminal charge that apears to be in error?

UPDATED: Apr 13, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Apr 13, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do about a criminal charge that apears to be in error?

My brother is 20 years old and was at a party that got busted by cops. He was not breathalyzed, but the police officer claims that he saw him take a sip of beer. He asked for his ID and my brother gave it to him – it shows that he is underage. When my brother showed me the citation, however, he was charged with Providing False Information 719.3. It makes no sense to me considering he doesn’t have a fake ID. Can someone tell me if this is a legit charge for the crime? Could this be a mix up on the officer’s end? He was the only person cited, besides the owner of the home.

Asked on April 13, 2011 under Criminal Law, Iowa


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It sounds like the police officer was mistaken. Further, if the police officer truly did see your brother drink while underage, he should have cited him for that, not providing a false identification, which will be way harder to prove. Beyond a reasonable doubt is not what I am seeing here. Your brother should consider hiring a lawyer to not only fight this charge with the prosecutor, and expunge this from his record, but also sue the officer for the legal costs. You may wish to also request the officer's personnel record for the defense to use because you just don't know what will be found in those personnel records that might just prove to be helpful!

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption