Possession of a Fake ID
Minors and other people under 21 years of age frequently create or obtain fake driver’s licenses or other types of identification cards (IDs) in order to purchase alcohol or gain entry to bars, clubs, and other establishments. While many young people view the use of fake IDs as a sort of rite of passage, the truth is that possessing a fraudulent driver’s license or other ID is a felony offense in Florida.
Alleged offenders convicted of these crimes not only can be sentenced to lengthy terms of imprisonment and ordered to pay substantial fines, but the convictions can also carry very damaging long-term consequences. Depending on where students are enrolled in school fake ID convictions can lead to suspensions or possibly even expulsions in some cases.
Lawyer for Possession of a Fake ID Arrests in Brooksville, FL
If you or your child were arrested for allegedly possessing a fake ID in Central Florida, it will be in your best interest to immediately seek legal representation. Ashley M. Aulls, P.A. aggressively defends clients accused of juvenile offenses in communities throughout Pasco County, Sumter County, Citrus County, and Hernando County.
Brooksville criminal defense attorney Ashley Aulls makes it a point to maintain open lines of communication with every person he represents. He can review your case and answer all of your legal questions as soon as you call (352) 593-4115 to take advantage of a free, confidential consultation.
Florida Possession of a Fake ID Information Center
- Which activities relating to fake IDs can result in criminal charges?
- What are the consequences of being convicted of possessing a fake ID?
- Where can I learn more about possession of a fake ID in Brooksville?
Florida Statute § 322.212 makes it a third-degree felony for a person to do any of the following:
- Knowingly have in his or her possession or to display any blank, forged, stolen, fictitious, counterfeit, or unlawfully issued driver’s license or identification card or any instrument in the similitude of a driver’s license or identification card unless possession by such person has been duly authorized by the Department of Highway Safety and Motor Vehicles;
- Knowingly have in his or her possession any instrument in the similitude of a driver’s license issued by the Department of Highway Safety and Motor Vehicles or its duly authorized agents or those of any state or jurisdiction issuing licenses recognized in this state for the operation of a motor vehicle;
- Knowingly have in his or her possession any instrument in the similitude of an identification card issued by the Department of Highway Safety and Motor Vehicles or its duly authorized agents or those of any state or jurisdiction issuing identification cards recognized in this state for the purpose of indicating a person’s true name and age;
- Knowingly sell, manufacture, or deliver, or knowingly offer to sell, manufacture, or deliver, a blank, forged, stolen, fictitious, counterfeit, or unlawfully issued driver’s license or identification card, or an instrument in the similitude of a driver’s license or identification card, unless that person is authorized to do so by the Department of Highway Safety and Motor Vehicles. A violation of this section may be investigated by any law enforcement agency, including the Division of Alcoholic Beverages and Tobacco;
- Barter, trade, sell, or give away any driver’s license or identification card or to perpetrate a conspiracy to barter, trade, sell, or give away any such license or identification card unless such person has been duly authorized to issue the license or identification card by the Department of Highway Safety and Motor Vehicles as provided in this chapter or in the adopted rules of the department; or
- Agree to supply or to aid in supplying any person with a driver’s license or identification card by any means whatsoever not in accordance with the provisions of this chapter.
Under Florida Statute § 322.212(3), it is also a third-degree felony for any employee of the Department of Highway Safety and Motor Vehicles to allow or permit the issuance of a driver’s license or identification card when he or she knows that the applicant has not lawfully fulfilled the requirements of this chapter for the issuance of such license or identification card.
It is a second-degree misdemeanor for an alleged offender to do any of the following:
- Use a false or fictitious name in any application for a driver’s license or identification card;
- Knowingly to make a false statement, knowingly conceal a material fact, or otherwise commit a fraud in any application for a driver’s license or identification card; or
- Have in his or her possession a driver’s license or identification card upon which the date of birth has been altered.
A conviction for a second-degree misdemeanor can result in a sentence of up to 60 days in jail and/or a fine of up to $500. Third-degree felony offenses are punishable by up to five years in prison and/or a fine of up to $5,000.
In addition to the consequences above, Florida Statute § 322.212(7) also establishes that any person who provides false information when applying for a commercial driver’s license shall be disqualified from operating a commercial motor vehicle for a period of 60 days. Students may also face possible loss of scholarships or financial aid for convictions.
Some of the most common defenses against these types of charges include—but are not limited to—an alleged offender’s lack of knowledge that the ID in question was fake, the alleged offender was not in legal possession of the fake ID, or the alleged offenders did not have any intent to defraud. Every case is unique, so it is in your best interest to have a criminal defense attorney identify the strongest defenses for your particular situation.
Fake ID Ownership and Heavy Drinking in Underage College Students: Prospective Findings — In June 2007, the Psychology of Addictive Behaviors, a quarterly peer-reviewed academic journal of the American Psychological Association, published this study examining the ownership of fake IDs “for the purpose of obtaining alcohol and the relation of fake ID ownership to heavy drinking in a longitudinal sample of college students under 21 years of age.” The study used a sample of 3,720 undergraduates and assessed the summer prior to college entrance as well as the four semesters comprising freshman and sophomore years. The study found that fake ID ownership not only increased over time (from 12.5 percent before college to 32.2 percent to the fourth semester), but acquisition of fake IDs also “predicted concurrent and next-semester heavy drinking with increasing strength over time.”
Fajardo v. State, 805 So. 2d 961 (Fla. 2d DCA 2001) — On November 21, 2001, the Second District Court of Appeal affirmed a trial court’s judgment convicting three men of violating Florida Statute § 322.212(1)(c) by possessing altered Immigration and Naturalization Services (INS) cards or "green cards." The men argued that the section of the statute did “not apply to INS cards, or in the alternative, if it does apply, that the statute is unconstitutionally vague.” In addition to noting that possession of a false INS card is a federal crime, the Court of Appeal also wrote:
In short, this statute prohibits the carrying of "any instrument in the similitude of an identification card ... issued by any ... jurisdiction that issues identification cards recognized in this state for the purpose of indicating a person's true name and age." INS cards are issued by the federal government of the United States. The United States meets the definition of a "jurisdiction." In addition, a properly issued INS card contains the individual's photograph, name, date of birth, and a fingerprint. The card is recognized in other Florida statutes as a sufficient form of identification to prove identity when applying for a driver's license or identification card issued by the Florida Department of Highway Safety and Motor Vehicles. See § 322.051(1)(a)(3), .08(2)(c), .09(1)(b), Fla. Stat. (1999). Thus, the defendants' conduct in these cases falls squarely within the conduct prohibited by the text of the statute.
Ashley M. Aulls, P.A. | Brooksville Possession of a Fake ID Lawyer
Were you or your child recently arrested in Central Florida for allegedly possessing a fake ID? You should avoid saying anything to authorities until you have contacted Ashley M. Aulls, P.A..
Ashley Aulls is a criminal defense attorney in Brooksville who also represents juveniles in such nearby areas as Weeki Wachee, Inverness, Wildwood, New Port Richey, Spring Hill, Brooksville, and many others. You can have him provide a full evaluation of your case when you call (352) 593-4115 or submit an online contact form to schedule a free consultation.