Wirth Law Office – Wagoner secured an important victory for a client facing a felony charge of falsely impersonating another. After hearing arguments, the court dismissed the charge.
Prosecutors tacked on the felony charge after police pulled the man over in a traffic stop and he used a phony name to hide his identity. Oklahoma provides misdemeanor penalties for some circumstances in which a person gives police false information, but that wasn’t the law under which our client was charged.
Looking for a felony conviction, prosecutors charged the man under a law that targets identify theft. Problem is, identity theft in which one uses the actual identity of another to gain access to their property or credit is not the same thing as making up a name when confronted police. The court agreed.
When you are charged with a crime – even when you know you’ve done something wrong – you are still entitled to certain rights under the law. Those rights include a right to “due process” in a legal setting where prosecutors must prove specific acts violated specific laws. If the alleged acts aren’t those prohibited by a particular law, you could be acquitted or have charges dropped. That’s why a skilled Wagoner County criminal defense attorney can be your most important ally when you’re charged with a crime.
