Is “unlawful possession of a drivers license license altered/ false info” a real crime ifI was never in possession of the said ID?

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Is “unlawful possession of a drivers license license altered/ false info” a real crime ifI was never in possession of the said ID?

I was charged with this crime even though the actual driver license was found in someone else’s pocket who was located a town away from me. He was charged with nothing but I was transported to that town as a “detainee” and charged. They put me in cuffs and didn’t tell me why I was being transported until I got to the next city.

Asked on January 16, 2012 under Criminal Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The criminal charge that you are writing about is serious in that it is a misdemeanor where typically the sentence if convicted could be up to six months in jail, a $1,000 fine or both. I suggest that you consult with a criminal defense attorney about the charge against you.

The prosecution has the burden of proving beyond a reasonable doubt that you were in possession of the altered driver's license. From what you have written, it seems that the prosecution may not meet its burden since driver's license you are being charged with as being unlawfully in your possession was not found in your possession.

 


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