California Penal Code §148.9 — False ID to Police
PC §148.9 makes it a misdemeanor to falsely identify yourself to a peace officer during a lawful detention or arrest with intent to evade the process of the court or avoid proper identification. Convictions carry up to 6 months in county jail and a $1,000 fine.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · False ID to Police Cases in All LA County Courts
01 — Quick Facts
PC §148.9 — False ID to Police at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §148.9 — False Representation of Identity to Peace Officer |
| Code Type | Penal Code (PC) |
| Classification | Misdemeanor |
| Jail Term | Up to 6 months county jail |
| Fine | Up to $1,000 |
| Strike | No |
| Probation | Available (up to 3 years summary) |
| Expungeable | Yes — PC §1203.4 |
| Immigration | Not a CIMT in most contexts |
| Related Codes | PC §148.5 (false report), PC §529 (false personation), PC §31 (aiding and abetting) |
| If Charged | Call (213) 723-2337 immediately |
01 — What Is PC §148.9?
What Is California Penal Code §148.9?
PC §148.9 Reads:
"Any person who falsely represents or identifies himself or herself as another person or as a fictitious person to any peace officer upon a lawful detention or arrest of the person to evade the process of the court, or to avoid the proper identification of the person by the investigating officer is guilty of a misdemeanor."
— California Penal Code §148.9(a)
California Penal Code §148.9 criminalizes the act of giving a false name, date of birth, or other identifying information to a peace officer during a lawful detention or arrest. The statute requires that the false identification be made with the specific intent to evade court process or avoid being properly identified by law enforcement. Simple nervousness, forgetting one's ID, or giving an old address does not satisfy the mens rea requirement.
What Counts as 'False Representation'?
False representation under §148.9 includes giving a fictitious name, another person's real name, a false date of birth, or any other identifying information intended to mislead the officer about your true identity. The key is intent to deceive — not merely providing incomplete or outdated information.
Why This Law Matters
§148.9 exists to prevent suspects from obstructing investigations by hiding their true identity. A false identity can delay the discovery of outstanding warrants, prior convictions, and probation status. Los Angeles County prosecutors frequently add §148.9 as a companion charge in DUI stops, traffic stops, and pedestrian detentions where the defendant gave a false name. At Rubin Law, P.C., we defend by showing the defendant did not intend to deceive, was not lawfully detained, or provided incomplete rather than false information.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §148.9
To convict a defendant of false identification to police under PC §148.9, the prosecution must prove each of the following elements beyond a reasonable doubt.
You Were Lawfully Detained or Arrested by a Peace Officer
The statute applies only during lawful detentions or arrests. If the detention was unlawful — lacking reasonable suspicion (Terry stop) or probable cause — evidence obtained as a result may be suppressed under PC §1538.5.
You Falsely Represented Your Identity to the Officer
The prosecution must prove you gave a false name, fictitious identity, or another person's identifying information. Giving a nickname, old address, or incomplete information without intent to deceive does not satisfy this element.
You Did So with Intent to Evade Court Process or Avoid Proper Identification
This is the critical mens rea element. The prosecution must prove you intended to evade a warrant, court proceedings, or proper identification. Nervousness, confusion, or failure to remember exact information does not establish intent to deceive.
04 — Penalties
Penalties for PC §148.9 False ID to Police in California
PC §148.9 is a straight misdemeanor with the following sentencing exposure.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Misdemeanor §148.9 | PC §148.9 | Up to 6 months county jail | Summary (up to 3 years) | No |
Additional Consequences Beyond Prison
- Restitution for wasted law-enforcement investigation time
- Enhanced scrutiny on future encounters with law enforcement
- Potential immigration consequences if linked to other offenses
- Professional license reporting requirements for certain occupations
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §148.9 False ID to Police Charges
Rubin Law, P.C. defends §148.9 charges by attacking the detention's lawfulness, the intent element, and the factual accuracy of the officer's report.
Unlawful Detention / Suppression
If the officer lacked reasonable suspicion for the detention or probable cause for the arrest, all statements — including the alleged false ID — are subject to PC §1538.5 suppression. Rubin Law files suppression motions in every case with a viable Fourth Amendment challenge.
PC §1538.5
No Intent to Deceive
The prosecution must prove intent to evade court process or avoid identification. Nervousness, confusion, language barriers, or honest mistakes about personal information do not satisfy the §148.9 mens rea requirement.
Mens rea
Information Was Not False
A nickname, old address, or incomplete information is not necessarily a 'false representation' under §148.9. We challenge the officer's characterization and present evidence of the defendant's actual intent.
Factual defense
Not a Peace Officer
§148.9 applies only to peace officers. If the recipient was a private security guard, parking enforcement officer, or other non-peace-officer, the statute does not apply.
Statutory scope
Constitutional Sources
07 — Court Process
How PC §148.9 False ID to Police Cases Move Through Los Angeles Courts
§148.9 cases proceed through the following stages.
- 1
Step 1 — Investigation
Officer compares the provided name with DMV and criminal-records databases. Discrepancies trigger §148.9 investigation. Warrants and prior convictions are discovered.
- 2
Step 2 — Filing / Arraignment
Filed as a misdemeanor. Arraignment within 48 hours. Bail or O.R. release.
- 3
Step 3 — Discovery
Body-worn camera footage, patrol-car audio, DMV records, booking logs, and the officer's report.
- 4
Step 4 — Pretrial Motions
PC §1538.5 (suppression for unlawful detention), PC §995 (insufficient evidence), and PC §1001.95 diversion motions.
- 5
Step 5 — Trial
CALCRIM 2651. Typically 1–2 court days. The prosecution must prove intent to deceive beyond a reasonable doubt.
- 6
Step 6 — Sentencing
Summary probation, jail time, fines. PC §1203.4 expungement available after successful probation.
Los Angeles Courts That Handle PC §148.9 False ID to Police Cases
§148.9 filings occur in the courthouse serving the location of the detention or arrest.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles False ID to Police Defense Attorney
Daniel S. Rubin has defended clients charged with false id to police and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §148.9 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | False ID to Police Cases Throughout LA County
09 — FAQs
PC §148.9 False ID to Police Questions — Los Angeles
What is the penalty for giving false ID to police in California?
PC §148.9 is a misdemeanor punishable by up to 6 months in county jail and/or a fine of up to $1,000. Summary probation up to 3 years is also available.
Can I be charged if I just gave my nickname?
Not necessarily. §148.9 requires a false representation made with intent to evade court process or avoid identification. A nickname you commonly use, or outdated address information without intent to deceive, does not satisfy the statute.
What if the officer didn't have a right to stop me?
If the detention was unlawful (no reasonable suspicion), evidence obtained as a result — including the alleged false ID — may be suppressed under PC §1538.5. Rubin Law challenges unlawful detentions in every case.
Can §148.9 be expunged?
Yes. Misdemeanor §148.9 is eligible for PC §1203.4 expungement after successful completion of probation.
Is §148.9 a deportable offense?
§148.9 is generally not a crime involving moral turpitude (CIMT) and is not typically deportable. However, if it is linked to other offenses or fraud, immigration consequences may arise.
What's the difference between §148.9 and §529 false personation?
§148.9 applies only to false identification given to peace officers during lawful detentions. §529 (false personation) is broader and covers assuming another person's identity for any fraudulent purpose, including financial fraud, and carries felony exposure.
Available 24/7 — Free Consultation
Charged with False ID to Police Under PC §148.9?
§148.9 charges can stack onto underlying offenses and complicate your record. Rubin Law, P.C. defends with unlawful-detention and lack-of-intent arguments. Call (213) 723-2337.