Q: during a traffic stop the officer noticed my license plate frame looked odd. upon further inspection he noticed
that my license plate frame actually has a hidden device that when set up properly had the ability to shield my license plate from public viewing. the officer had to very deliberately re activate this device as it was not fully operational in its original condition. upon successful activation of said device he arrested me and charged me with felony forging of registration. I repeat he had to connect cables and plug power to the device himself as it was not in an operational state when he pulled me over. how exactly does that make sense? what should I do about it? I bailed out on 20 000 bond
A:
This is a complex legal situation and I highly recommend consulting with a criminal defense attorney who can review the specific details of your case and provide professional legal guidance. However, I can provide some general thoughts based on the information you've shared.
From your description, it seems like the officer had to deliberately assemble and activate the license plate obscuring device in order for it to be operational, and that it was not actively concealing your plate when you were pulled over. This raises questions about whether you can be considered guilty of intentionally forging or obscuring your registration if the device was not being used for that purpose and required the officer's own actions to make it functional.
An attorney may be able to argue that the officer entrapped you by assembling the device and then arresting you for possessing it. Entrapment is when a law enforcement agent induces a person to commit a crime that the person would otherwise have been unlikely or unwilling to commit. If it can be shown that the device posed no threat until the officer himself made it operational, that could potentially be used as a defense.
That said, even possessing a device intended to obscure a license plate may be illegal in California, regardless of whether it was actively being used. California Vehicle Code Section 5201 prohibits altering or obscuring license plates. So there still may be grounds for charges depending on the exact nature of the device and the circumstances.
A skilled criminal defense lawyer can assess whether there are grounds to challenge probable cause for the arrest and search, or if other defenses like entrapment could apply based on the officer's actions. With charges as serious as a felony, having quality legal representation will be crucial. Many criminal defense attorneys offer free initial consultations. I'd suggest scheduling meetings with a few different lawyers to discuss your case in detail and get their opinions on your options moving forward. With $20,000 in bail, the charges are being treated very seriously, but an attorney may be able to help get the charges reduced or dismissed. Wishing you all the best and hope you're able to resolve this situation.
A: The jury will want to know how long it took the officer to make it operational and how many different tools were needed.
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