Depending on what sort of fake ID you have and how you use it, you can be charged with a misdemeanor or even a felony. Misdemeanor false i.d. charges carry a penalty of up to 12 months in jail and felony charges carry a maximum penalty of 10 years in state prison.
Realistically, you are very unlikely to receive any significant jail time unless you’ve been charged with using a fake ID before or have a history of other criminal offenses on your record. A conviction on a fake ID charge can easily and will often result in a suspension of your driving privileges and driver’s license.
Most significantly, a conviction for Fake ID can cripple your chance to pursue certain career paths and will be a daunting hurdle to overcome for many more.
If law enforcement found the fake ID during a search of your person, pockets, wallet, bag or purse they may have illegally searched you. The prosecutor has to prove that you were legally searched or the fake ID isn’t admissible in court. We are experienced in raising and winning illegal search and seizure issues and, if necessary, we will file motions challenging an illegal search.
Many and more fake ID or fraudulent identification charges involve possessing other person's driver’s license, such as an older cousin, brother or sister. In those situations, the prosecutor has to establish with hard proof that you intended to use the other person’s license for an illegal or unlawful purpose, such as buying alcohol. It is not illegal to possess or to carry on your person the identification or driver’s license of another person. We can show that it is very difficult for a prosecutor to prove beyond a reasonable doubt that you intended to use the other person’s license for an illegal on unlawful purpose.