On Saturday, an eagle-eyed police officer spotted a Tesla (what are the odds in Irvine) without license plates. He pulled the car over and greeted the three occupants inside with a “friendly hello,” according to the Irvine Police Department.
The driver, John Magdirila,35, of Gardena, had five Electronic Benefits Card (EBT) cards that did not belong to him and stolen mail. He was carrying a fake ID with the same name as one of the EBT cards. Magdirila has previously been convicted of identity theft.
The front passenger, Jammie Smith, 41, of Los Angeles, was carrying DMV paperwork belonging to another person.
Magdirila was arrested on multiple charges, including using another person’s ID with the intent to defraud, conspiracy, having stolen property and narcotics charges. Smith was arrested for possessing ID to defraud, possessing stolen property, and conspiracy. Both were lodged at the Orange County Jail.
Penalties for ID fraud, possessing stolen property, conspiracy and narcotics in California
Possessing ID to Defraud:
This is governed by Penal Code 470b. It can be charged as either a misdemeanor or a felony, depending on the circumstances.
- Misdemeanor: Up to 1 year in county jail and/or a fine up to $1,000.
- Felony: 16 months, 2 years, or 3 years in state prison and/or a fine up to $10,000.
Possessing Stolen Property:
Under Penal Code 496, this can also be a misdemeanor or a felony.
- Misdemeanor: Up to 1 year in county jail and/or a fine up to $1,0003.
- Felony: 16 months, 2 years, or 3 years in state prison and/or a fine up to $10,0004.
Conspiracy:
Penal Code 182 defines conspiracy as an agreement between two or more people to commit a crime, with at least one overt act to further the agreement.
- The penalties depend on the underlying crime. If the conspiracy involves a felony, the punishment mirrors that of the felony itself.
Narcotics Charges:
Penalties vary based on the type and amount of the drug, as well as the specific offense (e.g., possession, distribution, trafficking).
- Simple Possession: Typically a misdemeanor, punishable by up to 1 year in county jail and/or a fine.
- Possession with Intent to Sell: Often a felony, with penalties ranging from 2 to 4 years in state prison.
