Service & Results.

nyc criminal lawyers over 30 years of experienceWe Know How To Win Cases

Spodek Law Group handles tough cases
nationwide, that demand excellence.

Get Free Consultation

Faced 5+ Years in Prison

People Vs Joseph Amico

Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.

Faced 10+ Years in Prison

People Vs. Anna Sorokin

Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.

Faced 3+ Years in Prison

People Vs. Genevieve Sabourin

Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.

Faced Potential Charges

Ghislaine Maxwell Juror

Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.

Why Choose Us

Clients can use our portal to track the status of their case, stay in touch with us, upload documents, and more.

Regardless of the type of situation you're facing, our attorneys are here to help you get quality representation.

We can setup consultations in person, over Zoom, or over the phone to help you. Bottom line, we're here to help you win your case.

Law in the Media

View All

Meet Todd Spodek


The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.

In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.

Why Clients Choose Spodek Law Group

The reason is simple: clients want white glove service, and lawyers who can win. Every single client who works with the Spodek Law Group is aware that the attorney they hire could drastically change the outcome of their case. Hiring the Spodek Law Group means you’re taking your future seriously. Our lawyers handle cases nationwide, ranging from NYC to LA. Our philosophy is fair and simple: our nyc criminal lawyers only take on clients who we know will benefit from our services.

We’re selective about the clients we work with, and only take on cases we know align with our experience – and where we can make a difference. This is different from other law firms who are not invested in your success nor care about your outcome.

If you have a legal issue, call us for a consultation.
We are available 24/7, to help you with any – and all, challenges you face.

Penal Code 148.9 PC – Providing False ID to a Police Officer

By Spodek Law Group | July 12, 2021

Penal Code 148.9 PC – Providing False ID to a Police Officer

Penal Code 148.9 PC is the California law which makes it a crime for a person knowingly to provide false identification to a police officer. The offense is a misdemeanor punishable by up to 6 months in jail and a fine of up to $1000.00 plus penalty assessments.

The language in 148.9 PC states that “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, either to evade the process of the court, or to evade the proper identification of the person by the investigating officer is guilty of a misdemeanor.”

Best Legal Defenses

Luckily, there are several legal defenses that a person can raise if accused of a crime under PC 148.9. They include showing that the defendant:

  • Wasn’t detained or arrested,
  • Was falsely accused , and/or
  • Was arrested after an unlawful.

Penalties you can face

A violation of Penal Code 148.9 is charged as a misdemeanor in California, as opposed to a felony and an infraction, which is punishable by:

  • Imprisonment in county jail for up to six months, and/or
  • A maximum fine of $1,000.

Please note that in lieu of jail time, a judge may award a defendant with misdemeanor or summary probation. Once a person is convicted of an offense under PC 148.9, this conviction will generally not have:

  • any negative immigration consequences (if applicable), and
  • An impact on a person’s gun rights.

A person convicted of this offense can also seek to have it expunged once he successfully completes probation or any jail time.

The following are explained in this article: 

    1. Prohibitions under Penal Code 148.9 PC
    2. Legal defenses.
    3. What are the penalties?
    4. Are there immigration consequences?
    5. Can a person get an expungement after a conviction?
    6. Does a false ID conviction affect a person’s gun rights?
    7. Are there crimes associated with false identification?

1.  Prohibitions under Penal Code 148.9 PC

Penal Code 148.9 PC is the California law that makes it a crime for a person to knowingly provide false identification to a police officer.

A prosecutor must prove three things to successfully convict a defendant of this crime. These are:

  1. The accused knowingly provided a fake name, or the name of another person to a police officer,
  2. The accused provided this name after being lawfully detained or arrested, and
  3. The defendant gave the fake or false name to evade the court process or to avoid proper identification. As to the second element above, there must be detention or an arrest for PC 148.9 to apply. This means that it is not a crime for a party to provide false identification during a consensual encounter with a police officer.

Note that: “False identification” includes giving police a false birth date.

2. Legal defenses.

If a person is accused of a crime under this statute, then he can challenge the accusation by raising a legal defense. A good defense can often get a charge reduced or even dismissed.

The 3 common defenses to PC 148.9 accusations are:

  1. No detention or arrest,
  2. Falsely accused, and/or
  3. Unlawful search and seizure.

 No detention or arrest

Recall that an accused is only guilty under this code section if he falsely identifies himself after lawful detention or arrest. This means it is always a solid legal defense for a defendant to show that, while he provided a fake or false name to the police, he did so prior to being detained or arrested. Perhaps, for example, the accused was engaged in a consensual conversation with an officer when he gave a fake name.

 Falsely accused

Unfortunately, it is not at all uncommon for people to get prosecuted based on false allegations. People get falsely accused out of

  • jealousy,
  • revenge, and
  • anger.

Thus, it is a valid defense for a defendant to say that a party falsely accused him of violating Penal Code 148.9.

 Unlawful search and seizure

The Fourth Amendment to the U.S. Constitution declares that we have the right to be free from unreasonable “searches and seizures” by law enforcement. If authorities obtain evidence from an unreasonable, or unlawful search and seizure, then that evidence can get excluded from a criminal case. This means that any charges in the case could get reduced or even dismissed.

3. What are the penalties?

A violation of this statute is charged as a misdemeanor in California.

The crime is punishable by:

  • Imprisonment in county jail for up to six months, and/or
  • A maximum fine of $1,000.

Please note that: In lieu of jail time, a judge may award a defendant with misdemeanor or summary probation.

4. Are there immigration consequences?

A PC 148.9 conviction generally has no negative immigration consequences since false identification is not a crime of moral turpitude.

5. Can a person get an expungement after a conviction?

A person convicted under PC 148.9 can try to get the offense expunged.

Under Penal Code 1203.4, an expungement releases an individual from almost “all penalties and disabilities” arising out of the conviction.

One particular benefit is that an expunged conviction does not need to be disclosed to potential employers.

Basically, PC 1203.4 authorizes an expungement for a misdemeanor or felony offense provided the applicant:

  1. successfully completed probation (either felony probation or misdemeanor probation), and
  2. is not currently:
  • charged with a criminal offense,
  • On probation for a criminal offense, or
  • Serving a sentence for a criminal offense.

This means that once a defendant has successfully completed probation for violating PC 148.9, or serving a jail term for the same, he may begin trying to get the crime expunged.

6. Does a false identification conviction affect a person’s gun rights?

A conviction under Penal Code 148.9 does not have an effect on the convicted party’s gun rights.

Note that: Some felony and misdemeanor convictions will lead to the defendant to own a gun in California while some misdemeanors carry a 10-year firearm ban.

But a conviction involving false identification will not result in a person losing ownership of his gun or being banned from the gun for a period of time.

7. Are there crimes related to false identification?

There are three crimes related to false identification to a police officer. These are:

  1. False impersonation under California PC 529,
  2. Resisting arrest under California PC 148, and
  3. False statements/information to a police officer under California VC 31.

Spodek Law Group can give you a free consultation in person or by phone. We serve our clients in the greater Los Angeles area, the San Fernando Valley, Orange County, Ventura, Long Beach, Riverside, Pasadena, San Bernardino, Rancho Cucamonga, San Diego, Napa County, Oakland, San Francisco, Sacramento, San Jose and throughout the State of California.

Free Consultation


I was searching for a law firm with some power to help me deal with a warrant in New York . After 6 days I decided to go with Spodek Law Group. It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. I...

~Fonder Brandon

5 Stars
It was my good fortune to retain Spodek Law Group for representation for my legal needs. From the beginning, communication was prompt and thorough. Todd, Kenneth and Alex were the first people I worked with and they all made me feel comfortable and confident that the team was going to work hard for me. Everything was explained and any concerns...

~A G

5 Stars
After meeting with several law firms, I chose the Spodek Law Group not only for their professionalism and experience, but for the personal attention given to me right from the initial consultation. It is important to recognize how crucial having the right legal team is when faced with potentially life altering events that impact families and the lives of loved...

~George Cherubini

Spodek Law Group

White Glove Service

We Provide Superior Service, Excellent Results, At A Level Superior To Other Criminal Defense Law Firms. Regardless Of Where Your Case Is, Nationwide, We Can Help You.
View More

Request Free Consultation

Please fill out the form below to receive a free consultation, we will respond to
your inquiry within 24-hours guaranteed.


85 Broad St 30th Floor, New York, NY 10004


get directions

Los Angeles

611 S Catalina St Suite 222, Los Angeles, CA 90005


get directions


35-37 36th St, 2nd Floor Astoria, NY 11106


get directions


195 Montague St., 14th Floor, Brooklyn, NY 11201


get directions
Call Now!