What are False Documents Establishing Legal Presence?
The California Driver License is one of the most coveted documents issued by the State of California. Because of the rigorous qualification process associated with applying for the California Driver License, it is trusted to establish: The true identity of the holder, The fact the card holder legitimately resides in the State of California and/or The fact the card holder possesses the knowledge and skill to drive a motor vehicle.
Here we focus upon the issues related to Legal Presence.
Banking institutes and insurance companies rely heavily upon the presumption that a person who holds a California Driver License has legitimately proven that they are legal present in the United States and that they reside within the State of California. The Department of Social Services and other governmental agencies make judgements to issue state aid and benefits to those persons who hold a California Driver License, because residency was established during the DMV’s application process.
In the real world, unscrupulous people may seek to qualify for benefits or assistance reserved for those people who legitimately live within the State of California. It is not uncommon for an illegal alien or the resident of another state to travel to California to receive State Aid and then return to their home state with those benefits in their pockets.
Establishing that you legitimately live within the State of California is known as establishing Legal Presence. Legal Presence can relate to United States Citizens who move from one state to another. Legal Presence is often associated with immigrants from other countries who enter the United States. To qualify for issuance of the California Driver License, that immigrant must establish they have legally entered the United States and the State of California.
Some documents that tend to establish Legal Presence are:
- Driver Licenses or identification cards issued by other states that are relinquished to the California DMV;
- Passports, Visas, or Consulate identification cards;
- School enrollment documents;
- Statements from Employers, friends or family;
- Rent receipts, utility receipts, or invoices establishing address.
Virtually any writing, document, or record that tends to establish that the applicant is legitimately in the United States and living in the State of California are considered to be documents which establish Legal Presence.
In nearly all cases, a person who submits false documents establishing Legal Presence has never held a California Driver License. This often occurs when immigrants enter the State of California or when United States citizens enter California from a different state. Because most of these people do not hold a California Driver License at the time a false document is submitted, there is no driving privilege to suspend or revoke. Therefore, the only immediate consequence is the DMV will refuse to issue the driver license and will delay that person from re-applying.
However, in some instances, a person who does hold a California Driver License may submit false documents establishing Legal Presence on behalf another person. In such cases, the DMV will seek to suspend or revoke the California Driver License of the person who actually submitted the fraudulent document, even if they did not benefit from the document. The DMV will suspend or revoke this person’s driver license for a minimum of one-year.
If the person submitting the false document is actually the applicant for the driver license, the California DMV will deny the application for driver license and will not permit the person to re-apply for one-year.
It is also important to be aware that any act of filing a fictitious or fraudulent document with the DMV is an act of fraud that could result in criminal prosecution at the Superior Court. This becomes more likely when a person actually receives a California Driver License by filing false documents establishing Legal Presence; and then fraulently receives State Aid or benefits through the use of the fraudulently obtained driver license.
What can I do to protect myself?
If you have received notification that the California DMV suspects you of submitting false documents to establish Legal Presence, you must react quickly and appropriately. Pick up the telephone and call the DMV Defense Experts at California Drivers Advocates. We will provide you with a free and confidential consultation.
Any administrative action taken by the DMV requires that you react quickly. We are equipped to react immediately and to protect your driving privilege. If your case requires a consultation with a criminal attorney, we can refer you to some of the best attorneys in the State of California. Don’t take on the DMV yourself. Call CDA today, we can help.