Fake ID taken at bar, bouncer said he was going to give it to ALE? whats going to happen?
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Fake ID taken at bar, bouncer said he was going to give it to ALE? whats going to happen?
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I used my real ID with the date changed, the bounder took it and said he is gonna give it to ALE. I live in NC. I was not charged on the spot with anything. Can they prove it was me actually using that ID and charge me later or am I just going to have the ID taken and nothing happen?
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dvldogg187
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When altering a state document you are committing a crime. Attempting to use an altered document with the intention of defrauding an establishment is also a crime.
Unlike what the other poster has said it is not a crime for the bouncer of an establishment to keep your ID. When I used to bounce and someone gave me an ID with an altered date I would give the person 1 of 2 options. Option 1 is to leave and never return (best of both options). Option 2 is to demand your ID back. People tend to choose option 2 which is perfectly fine with me. If someone gives me their ID and it is doctored I cannot give it back, what I can do is give it to a police officer who can give it back if he determines that that is reasonable. He wont. He will be interested in citing a person with any number of crimes including forgery. Once I explain that option 2 has serious legal ramifications people usually opt for option 1.
It's a game, sometimes you win, sometimes you lose. If you can doctor an ID well enough to get past me then you win, if your ID is a bad job, then you deserve to get caught. Remember you are committing a crime and not only that you are putting the job of a bouncer in jeopardy as well as the establishments liquor license.
Is he going to turn the ID into the alcohol law enforcement? Maybe, though I don't know why he would. They aren't likely to be able to prosecute you since you can just say you lost your ID and someone else used it (unless they have a camera at their front door). What I used to do at the establishment I worked at was to keep the IDs so that I could use them as training tools for employees. He likely said he would give it to ALE because it makes the bar look good in front of the alcohol enforcement officers. |
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Wayne Woj
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your fine, he would have called the cops right away if you were in any trouble |
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Panda bear returns again
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"Yes, you did misrepresent yourself, and he could choose not to let you in - but he has no legal authority to remove anything from you (including fake IDs)."
You do realise that there is a $1000 fine using a fake or misrepentated ID. And you do realise that the police will nearly always take the side of the bouncer in that situation ( unless of course the bouncer punch someone in the face )
"or am I just going to have the ID taken and nothing happen?"
that is probably more likely to happen because bouncers dont really like talking to police ( it means more paperwork).
Personally in that situation I would tell them that if they have a problem with me taking there ID they should call the police.
They never call the police |
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Elana
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Well, you could charge the bouncer with theft. HE is the one who broke the law. His only option for holding on to the ID would be to call a police officer to the spot that the crime was committed and to turn the ID over directly to him.
He cannot refuse to give it back to you and not call the police - that is theft. Why? Because, in that case, he has acted as prosecutor, judge, and jury. You had no fair opportunity to contest his action. Since he is not a member of the police, not even a member of the state, he can only hold on to it against your will long enough to turn it over to the state.
Yes, you did misrepresent yourself, and he could choose not to let you in - but he has no legal authority to remove anything from you (including fake IDs) by force.
Of course, if you present it to him and he refuses to return it to you but simply waits for the police, you are out of luck.
As the Panda Bear points out, misrepresenting yourself is a crime which is very punishable. Stealing an ID is also a crime. He has absolutely no authority to take that ID from you (proven case law).
That being said, if he's got it and you don't, they're going to have a much harder time charging you with the crime of misrepresentation.
Bouncers make a lousy "chain of evidence." He would have to prove that you gave it to him, etc. Of course, if there are other witnesses, the odds change considerably.
Back to your case, of course, they can't charge him with theft unless they get you to admit that it was yours to begin with (thereby admitting your crime). They can't charge you with misrepresentation without him testifyng about the chain of evidence and that he took the ID from you (thereby admitting HIS crime).
Looks like you're both going to end up keeping your mouths shut. |
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