Did you know that in Florida you can be charged with a 3rd degree felony for using a fake id? In Florida a 3rd degree felony carries a maximum punishment of up to 5 years in prison and a $5,000.00 fine.
The statute that applies to possession of Fake IDs is 322.212 Unauthorized possession of, and other unlawful acts in relation to, driver’s license or identification card.
- Who does this charge effect?
- Recent Fake ID case handled by Attorney Kate Mesic
- What can be done?
- Related Fake ID laws in Florida
Who does the Fake ID charge effect?
The criminal charge of Possession of a Fake ID comes up with a lot of high school or college students that are under 21 and are trying to get into a club or a bar. It is rare that someone will get arrested for a Fake ID charge, but it does happen. Usually, the police officer will give them a Notice to Appear, which will have the date and time to appear in Court or will give you direction on how to schedule your court date.
High school students and college students don’t understand the severe consequences that they will face if they have a Fake ID on them (this obviously includes a fake driver license as well). Most of the time, the student will purchase or make their own Fake ID card that has an altered or forged name or date of birth. The obvious reason they have it or buy it is to get into a club or a bar. It is also a criminal offense to possess and use someone’s Identification Card or Driver License, even if not altered.
College students may not realize that a lot of times on top of the criminal prosecution for this charge, they will also face college student disciplinary hearings. This can take place even if the criminal offense took place off campus. Nothing good can come out of it since it can lead to academic probation, exclusion from campus events, removal from athletic teams, and even expulsion. Call Jacksonville Criminal Defense Attorney Kate Mesic, if you child is facing a Fake ID charge or a college disciplinary proceeding.
Recent Fake ID handled by Criminal Defense Attorney Kate Mesic:
I recently defended a Fake ID case where a high school student was involved. The only reason my client got a Notice to Appear (NTA) was because the owner of the bar insisted that officers give him “something.”
Please understand that although an arrest is rare it does not minimize the possibility of your child facing a felony for something as stupid as using a fake ID. Most of the time, the bar tender or a bouncer will take the fake id from the person and destroy it. Like in this case, someone will go to jail or get an NTA if the owner insists on it or the person refuses to leave or causes a scene in the bar/club.
In this case, we were able to get the charge dismissed completely, allowing my client to go on to college without a blemish on his record.
Another possibility is a trespass charge or another misdemeanor offense, but in reality the person could be charged with a 3rd degree felony. Remember it is the State Attorney’s Office that makes the filing decision and they could still be charged as a felony.
What can be done?
Our office has a lot of experience in handling these cases. We will seek to dismiss the charge or enter the client into the Pre-Trial Diversion program. We will explore every defense and negotiate with the prosecutor to reach the best possible outcome.
When it is clear that the case will not be dismissed, the second best option is Pre-Trial Diversion program. This program is basically a contract with the State Attorney’s Office, which, if completed will result in the case being dismissed. Once the case has been dropped, we will help the client get an expungement, so there is no criminal record. Remember most people who are charged with this offense are very young and have a lot to lose by having a criminal record.
Related Florida Criminal Offenses:
- If you lend your driver license or state issued identification card to a friend, you can be charged with a Second Degree Misdemeanor punishable by 60 days in jail and a $500 fine. Please understand that both people involved may have their driver licenses suspended for one year by the Department of Motor Vehicles. The applicable Statutes are 322.051, 322.32, 322.27.
- If you use someone’s identification card or driver license, you can be facing a second degree misdemeanor crime in Florida. Remember a second degree misdemeanor is punishable by up to a $500 fine and 60 days in jail. The Department of Motor Vehicles can also suspend your license for 1 year.
- A more serious offense is if you use a fake or false driver’s license or identification card to identify yourself to a police officer. A first degree misdemeanor is punishable by up to 1 year in jail and $1000 fine. Identifying yourself to an officer with some else identification may also be charged as Resisting Arrest without Violence. This is also a First Degree Misdemeanor punishable by up to 1 year in jail and up to $1,000 fine. The applicable Florida Statutes are 843.02 and 901.36.
If you or your child have been charged with any of the above crimes, take them seriously.
Contact Criminal Defense Lawyer Kate Mesic at (904) 388-4030 ext. 408
24/7 (904) 304-1369
If you have been arrested or charged with the crime of Possession of Fake ID in Northeast Florida or Jacksonville, Duval, Clay or St. Johns counties, contact Criminal Defense Attorney Kate Mesic today.
The initial consultation is FREE and I am always available to advise you of the proper course of action that can be taken.