Florida Fake ID lAws
Caught Using a Fake ID in Florida?
Did you know that in Florida you can be charged with a third-degree felony for using a fake ID? In Florida, a third degree felony carries a maximum punishment of up to 5 years in prison and a $5,000.00 fine. Florida Statutes § 322.212 defines the unauthorized possession of, and other unlawful acts in relation to, driver’s licenses or identification cards. It is a serious crime; don't take your charges lightly.
Criminal charges can have long term consequences on your future. Our Jacksonville attorneys at The Law Offices of Kate Mesic, P.A. will work with you every step of the way, will keep you informed, and will address any concerns you may have regarding your case.
Who Does a Fake ID Charge Effect?
In Florida, it is not common for someone to be arrested for possessing a fake ID. Fake ID charges are very common with high school or college students that are under 21 and are trying to get into a club or a bar. It is a criminal offense to possess someone else’s ID card or driver's license, even if not altered.
Can You Get Arrested For Having a Fake ID in Florida?
Yes, you can be arrested for having a fake ID in Florida. Keep in mind that the filed charges often include fines, community service and a permanent mark on your criminal record. Depending on whether this is your first or second offense, you may be looking at different penalties.
Here are the differences in first and second offense penalties:
- First Offense: up to one year in jail and up to $1000 in fines
- Second Offense: up to 5 years in jail and up to $5000 in fines
However, keep in mind, that consulting a seasoned defense attorney in Jacksonville, Florida can help you fight and potentially lessen any charges brought against you.
Penalties for Students With Fake IDs
The penalties for students caught using a Florida fake ID include:
- Academic probation
- Exclusion from campus events
- Removal from athletic teams
College students may not realize that in addition to criminal prosecution, they will also face college student disciplinary hearings. This can take place even if the incident took place off-campus. Another possibility is a trespass charge or another misdemeanor offense, but in reality, the person could be charged with a 3rd-degree felony.
If you are caught with a fake ID, you could be facing a third-degree felony that carries a jail sentence of up to 5 years and the fine for a fake ID is up to $5000. Remember it is the State Attorney’s Office that makes the filing decision and they could still be charged as a felony. Remember it is the State Attorney’s Office that makes the filing decision and they could still be charged as a felony.
If you are facing fake ID charges in Jacksonville, Schedule a free case evaluation to start building your defense now!
Recent Florida Fake ID Case Handled by Attorney Kate Mesic
Our firm recently defended a Florida fake ID case where a high school student was involved. The only reason our 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 bartender or a bouncer will take the fake ID from the person and destroy it. 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.
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. Our Jacksonville fake ID attorneys 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's 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's 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 has been charged with any of the above crimes, take them seriously. Call the Jacksonville criminal defense attorneys at The Law Offices of Kate Mesic for a free initial consultation.
“I found Kate through a friend who had used her in the past. As the alleged "victim" of a criminal case, she took my requests very seriously and helped ensure I got the outcome I wanted vs. what the state wanted to happen. She understood my concerns and protected me in the court from being asked any questions. She had everything dismissed and resolved in less than a week. I am extremely happy with the outcome and will always recommend her to people.”