Pretended to Be Dead Brother in California What happened next

Have you ever been distressed because someone impersonated a deceased loved one for gain? In California, this is a common issue. Knowing the law is crucial to address such problems effectively. This article explores a key court decision, LEE v. The People, that clarifies how to tackle the impersonation of deceased individuals under California law.

Situation

Specific Situation

In sunny California, a man we’ll call “the Defendant” found himself in a tricky situation. It all started on a regular Tuesday afternoon when he was pulled over by the police for running a red light. The Defendant, nervous about his suspended license and a previous parole violation, decided to take a daring step. He told the officers he was his brother, who had sadly passed away a few years ago. His hope was simple: avoid more legal trouble. But things quickly became complicated when the officers discovered the truth, and this led to a legal battle about the impersonation of a deceased person.

Judgment Outcome

The court ruled against the Defendant, siding with the plaintiff, who was representing the State of California. The ruling stated that impersonating a deceased person still falls under the serious crime of false impersonation according to California Penal Code section 529. The court’s decision in Case No. S077289 reflected the importance of protecting both the integrity of legal processes and the deceased person’s interests. This meant the Defendant faced serious penalties, including the possibility of a felony charge.

Solution

Immediate Actions

If you find yourself in a situation where someone is impersonating a deceased relative, it is crucial to act swiftly. First, gather any evidence of the impersonation, such as documents, recordings, or witness statements. Contact local law enforcement to report the issue, as impersonation is a serious offense that can impact legal and governmental integrity. It’s also wise to consult with a lawyer who specializes in identity law. They can provide guidance on the best course of action and help you understand your rights and options under the law.

Filing a Complaint

To address the issue legally, you may need to file a formal complaint. This involves drafting a detailed account of the impersonation incident, including dates, locations, and any evidence you have collected. Your lawyer can assist in preparing this document, ensuring it complies with legal standards and effectively communicates the severity of the situation. Once prepared, submit the complaint to the appropriate legal authorities, such as the district attorney’s office, to initiate legal proceedings.

Negotiation and Settlement

In some cases, it may be possible to resolve the situation without going to court. This could involve negotiating a settlement with the impersonator or their representatives, which might include restitution or an agreement to cease any further impersonation activities. Mediation can be a useful tool in these scenarios, allowing both parties to reach a mutually acceptable solution without the need for a lengthy court battle. Your lawyer can guide you through this process, ensuring your interests are protected.

FAQ

Impersonation Penalties

Can impersonation result in a felony charge? Yes, under California Penal Code section 529, if the impersonation involves significant deceit or potential benefits, it can be charged as a felony. This includes impersonating a deceased person.

Deceased Identity Use

Is it illegal to impersonate a deceased person? Absolutely. California law treats impersonating a deceased person as illegal under section 529, as it can disrupt legal processes and harm the interests of the deceased’s estate.

Legal Consequences

What legal consequences can arise from impersonation? Consequences range from fines and imprisonment to potential felony charges, depending on the impersonation’s nature and intent.

False Identity Laws

Are there specific laws targeting false identity use? Yes, California has laws like sections 529 and 148.9 of the Penal Code, addressing false identity use with penalties varying based on the situation.

Misdemeanor vs. Felony

How is the decision made between charging as a misdemeanor or felony? Factors include the impersonation’s intent, the benefit gained, and any past criminal records. Serious cases with significant impacts tend to be charged as felonies.

Statutory Intent

What is the purpose of impersonation laws? These laws aim to protect individuals from harm and maintain the integrity of legal and governmental processes by preventing fraudulent activities.

Real vs. Fictitious

Does the law differentiate between real and fictitious person impersonation? Yes, section 529 specifically targets impersonation of real persons, including those deceased, while section 148.9 covers both real and fictitious identities.

Identity Verification

How do authorities verify identity in impersonation cases? They use methods like checking identification documents, official records, and conducting database searches to establish a person’s true identity.

Legal Defenses

What defenses might be available in impersonation cases? Possible defenses include arguing there was no intent to defraud, mistaken identity, or insufficient evidence to prove the impersonation occurred.

Case Precedents

Are there past cases that guide current impersonation law? Yes, cases like LEE v. The People provide important precedents, helping clarify how impersonation statutes are applied and interpreted today.