Possession of a Fake ID

Possession of a Fake ID Charge in Florida

Receiving a driver’s license or identification card is a complicated process. In 2005, Congress passed the Real ID Act to set new standards for issuing such documentation, and to prevent acts of identity fraud or terrorism. Since May 2008, Florida has complied and continued to update the accepted ID credentials—which includes a star in the upper right corner. To obtain a verified Real ID in Florida, one must go through the Florida Highway Safety and Motor Vehicles (FLHSMV) and provide specific documentation proving your identity. 

What happens, then, if a person has a driver’s license or identification card that is invalid or fraudulent? In Florida, a person who is caught in the possession of, or who attempts to buy, sell, or create a fake identification card can face criminal prosecution. This is an offense common among young people who have not yet reached the legal drinking age. 

Imagine a group of college students who are not yet 21 and attempt to purchase beer from a gas station, or a person under 21 attempts to enter an age-specific bar or club. If either scenario results in a person of authority obtaining a form of identification that appears to be false, they can report it to law enforcement. If police find that the ID is fake or misrepresented, it can result in an arrest for a fake ID charge.

While this may not seem like a severe offense, it is important for young people and their parents to be aware of the implications of a criminal conviction. An experienced South Florida defense lawyer can represent your case and work on a defense plan to fight against a conviction.

South Florida Criminal Defense Attorney

Were you or a loved one recently arrested for possessing, selling, or manufacturing fraudulent driver’s licenses or identification cards? If so, you should prioritize finding reliable legal representation. Florida’s legal system is often complicated and difficult to navigate on your own. Securing a knowledge defense attorney can make all the difference in your criminal case. Contact the law office of Ian Goldstein to receive a free case evaluation from our attorneys. Call us today at (561) 600-0950 to discuss your case. 

Florida’s Laws Against Fraudulent IDs

Florida law covers several unlawful acts relating to the unauthorized possession of a fake ID. 

An individual can face criminal prosecution for the possession of any blank, forged, stolen, fictitious, counterfeit, or unlawfully issued driver’s license or identification card. 

Perhaps the most common scenario of a false identification crime involves young people under the age of 21 who get fake IDs to purchase alcohol or gain entry into bars. However, there are other scenarios in which someone may want false identification. Suitably, there are also several ways a person can face prosecution for fraudulent identification. 

Florida Statute Section 322.212 lists acts that can result in a fake ID charge: 

• Knowingly selling, manufacturing, or delivering a fraudulent driver's license or identification card;
• Bartering, trading, selling, or giving away any driver’s license or identification card;
• Agreeing to supply or aid another person in obtaining a fraudulent driver's license or identification card; or
• Possession of a driver's license or identification card that has an altered date of birth. 

Penalties for Possession of a Fake ID

Under Florida Statute Section 322.212, the penalties for each type of fake ID offense are as follows: 

A defendant accused of possessing an identification card with an altered date of birth, or who provides a false age when applying for a driver’s license can face a second-degree misdemeanor. A conviction for a second-degree misdemeanor carries: 

• Up to $500 in fines; and
• Up to 60 days in jail. 

A defendant accused of the possession, sale, manufacturing, or supplying of fake identification cards or driver’s licenses faces a third-degree felony. A conviction for a third-degree felony carries: 

• Up to $5,000 in fines; and
• Up to five years in prison. 

If you have questions about the charges against you or the potential penalties that can come with a conviction, contact Ian Goldstein Law Firm. 

Potential Defenses to a Fake ID Charge

Getting convicted of a crime involving a fraudulent ID is a worrisome outcome; however, it’s important for defendants to be aware of the potential defense strategies that may be applicable to their case. When you hire a defense attorney with Ian Goldstein Law, we can review your case details and determine if any of the following defenses apply: 

• Lack of knowledge – A defense attorney can argue the defendant lacked the knowledge that the identification card they possessed was fake or altered in any way. 
• Illegal search and seizure – A defendant who had police seize potential evidence without a warrant or probable cause could argue that the arresting officers conducted an illegal search and seizure. 
• Entrapment – An experienced Palm Beach criminal defense attorney can argue that police officers coerced the defendant into committing a crime they wouldn’t have normally committed. 
• First-time offender program – A defendant who has no prior criminal history may be offered a first-time offender program through pretrial diversion. 

Contact a Fake ID Defense Attorney in West Palm Beach, FL 

If you are under 21 and were accused of possessing a fake ID, you should prioritize securing legal help. While this may not seem like a severe criminal offense, the impact of a conviction continues to haunt you even after the fines are paid and the sentence is served. Having a criminal record could cause you to lose your admission to a school or university, miss out on a scholarship, or even prevent you from obtaining job opportunities. 

If you are the parent of a young adult who has been arrested for possessing a fake ID, contact the law office of Ian Goldstein. We understand how stressful this experience can be. Our defense attorneys can represent your case and provide you and your child with legal guidance throughout this process. Contact our office today at (561) 600-0950 and receive a free consultation to go over your case details.