Here's our basic scenario: A person passing through our rural county on a major highway is stopped for speeding. Upon searching the car officers find a fake Texas ID card with the name "Jane White" and a box of checks for Jane White's bank account. Jane White turns out to be a real person whose checks were stolen. Obviously, it appears the fake ID was manufactured to be used in the forgery of Jane White's checks;and there is evidence that the driver forged some of these checks in the county where she came from but no evidence that she used or intended to use this fake ID in our county at all.

Seems to me we have some great evidence to support any check forgery cases from where she was comming from, but I'm not sure if we have a crime in our county.

Would it fit under the 32.51 Fraudulent Use or Poss. of I.D. Info.? My question with that charge is, "Is the fake TX ID card considered 'identifying information of another person' of the real Jane White?" It doesn't have the real Jane White's photo, only her name. The rest is completely fake -- photo and all.

The other charge I was considering was Forgery of the fake ID by possession with intent to utter. I don't know if its a problem or not, but I don't have any evidence that would indicate the driver intended to use this fake ID in my county. Is merely possession of a forged TX ID card, with evidence that it had been used in other counties in a fraudulent manner, constitute a possession offense in the county of mere possession?

About the only Fake ID cases I see out here are college kids with fake ID's trying to buy beer. Any advice on how to proceed with this check forger is appreciated.

What about Tampering with Governmental Record PC 37.10? I believe that the ID would meet the definition of governmental record. That would make the offense a 3rd degree felony

I thought about that but the problem I see is that I don't think a fake ID is an actual governmental record as this statute defines it. If it is an actual govermental record, I can probably prosecute under 37.10 (4). But with a fake gov. record it seems 37.10 (2) applies, which requires proof of making/presentment/use, etc. I have no proof of the use of this fake ID in my county. What do you think? Am I looking at the statute wrong?

Attempted Forgery:

Probably not what you are looking for, but:

She forged checks where she came from. She was driving through your town, with how much $ in her wallet, and how much gas, and how many credit cards. Can you show no finances, and that she kept the ID and checks as more than mere preparation, but less than the full act. ID alone, just preparation. Checks alone, just preparation. ID and Checks, more than mere preparation, she was scouting out sites for criminal opportunity.

Just a shot in the dark.

My reasoning was that the ID would be a governmental record under 37.01(2)(C) "a license, certificate, permit, seal, title, letter of patent, or similar document issued by government, by another state, or by the United States." I was thinking that the ID would be similar to a license so that this definition would apply to the ID. I have plead cases where I have used this but I have not had one go to trial so I am not sure if my reasoning would be correct or not.

I would argue that 37.10(4) would apply in that the defendant was in possession of the governmental record and that the intent to be used unlawfully is manifested by the checks that she was also in possession of.

I think that this would make the offense a 2nd felony under 37.10(d)(3) because the intent of the defendant was to defraud the actual person named on the ID and the checks.

Hopefully one of our more experienced prosecutors will be able to add to this situation.

Too much of a reach. If there are other forgery cases in another county, let the other county prosecute, using the evidence developed by the arrest in your county.

Seems to me like you've got a good Fraudulent Use or Possession of Identifying Information, which is pretty broadly written. 32.51 says "identifying information" is info. (such as a name) that "alone or or in conjunction with other informationidentifies an individual..."
I think when you carry around a fake ID with someone's real name on it, coupled with that person's stolen checks, you've made a pretty good case for possession with intent to harm or defraud another.