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illegal immigrants driver’s license new york how to not get caught with a fake id

2022-04-12 14:59:40
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illegal immigrants driver’s license new york how to not get caught with a fake id

Charges for Possessing and Using a Fake ID in Arizona

  With Arizona having 3 major universities, there is an excess of minors who are looking to enjoy their college experience, and usually this college experience involves the consumption of large amounts of alcohol. In order to live that college experience that they have been dreaming of, many minors will naively obtain a fake ID with the hope that it is good enough to get them into a bar or to put a 6-pack in their mini-fridge, all the while not realizing they are putting their future careers on the line.

  To put this into perspective, between 2015 to 2016 just short of 4000 fake IDs were collected by police officers in Tempe, with countless more being thrown away by establishments. With thousands of minors using a fake ID, a disconnect seems to have been created as many minors are being caught with a fake ID and incorrectly believing there are not any legal consequences for their actions.

  Any form of state or federal identification that has been altered is considered a fake ID
A valid ID being used by someone it does not belong to is considered a fake ID
You can be arrested, fined, and/or serve jail time for possessing a fake ID
Selling a fake ID typically will have more severe charges than possessing one

Fake identification cards can be used for a wide variety of reasons, but their main purpose is to mask the true identity of a person. A fake ID is any form of state or federal identification that has been altered, forged or has in any other way been created to falsify the identity of a person, or it is the use of a valid identification card that belongs to someone else.

  With thousands of fake IDs being confiscated and countless more being used without notice, it appears that there is a common belief that using a fake ID is socially acceptable. Another common belief is that being caught with a fake ID will result in nothing more than a slap on the wrist. This is a misconception, and one that has seen many minors end up facing serious legal consequences that negatively affect their future.

  If you try and use a fake ID at an establishment such as a bar or liquor store, the employee checking your ID will be doing so with extreme care. People required to check IDs have strict liability necessitating them to be able to deter minors from entering their establishment or purchasing alcohol. If you are in possession of a fake ID and are caught trying to use it by someone other than the police, it is up to their discretion to call the police or not.

  Most of the time, involving the police ends up being a hassle that the establishment does not want to go through and they will choose to let you off with a warning if you surrender the ID and simply walk away. However, if you are rude and try to argue over the validity of the ID, then the police will most likely be called and there will be legal consequences.

  If you try and use a fake ID at an establishment such as a bar or liquor store, and the employee checking your ID believes it to be fake, they can call the police and have you arrested as well as file charges for trespassing. In Arizona, a minor caught using or in possession of a fake ID is a class 1 misdemeanor and due to the legal liabilities that an establishment can face by serving a minor, the police will often be called to sort out the issue.

  Once the police get involved, they will first seek to determine the legitimacy of the ID and if it is indeed fake, they have several different options of charges they can file.

  Common charges and events surrounding the use of a fake ID are:

  An arrest can be made on the grounds of using false identification
Charge can be filed for making a false statement to a police officer
Jail time up to 6 months
Suspended drivers license for 6 months if the ID is real and belongs to someone else
Fine of up to $2,500

The charges related to the use and possession of a fake ID are harsh and daunting as they can negatively impact the life of a young adult with fines and possible jail time, but most of the time jail and charges can be avoided. In fact, most first time offenders will face nothing more than a ticket for their use of a fake ID so long as they act politely and in a timely manner admit to using the ID.

  Though the minor will have to pay the fees associated with the ticket, they will not be facing any of the harsh charges listed above and most importantly will not have to spend any time in jail as receiving the ticket and not facing actual charges will prevent this event from staying on their permanent record. As a first time offender, a minor is eligible to take an alcohol diversion class which upon completion will expunge the ticket from their record, allow the minor to avoid court and prevent this mistake from affecting their life and eventual pursuit of a career.

  In Arizona, the use of a fake ID is a class 1 misdemeanor but that charge is only related to the possession of the ID and does not take into account any illegal activity that may have happened such as minor in consumption.

  Bouncers and the establishments they work will typically require you to surrender the fake ID to them and then it is up to their discretion to hand it over to the police or keep it.

  Selling fake IDs is illegal and the consequences for doing so are often more harsh than those for using a fake ID.

  With the overwhelming amount of fake ID’s being used for the consumption of alcohol, it is common for multiple charges to be filed in addition the charge of having a fake ID and each of the charges can affect your future.

  If you are facing charges stemming from the use of a fake ID and your future is being impacted, an experienced criminal defense attorney is here to assist you.

   

  Call the JacksonWhite Criminal Law team at (480) 467-4370 to discuss your case today.

Fake ID Facts

  False identification is used for many types of fraudulent activities, including illegal purchase of alcohol and cigarettes, check fraud, bank fraud, social security fraud and immigration fraud. Advanced computer graphics technology and color copiers have made it easier to produce fake IDs and harder for law enforcers or retailers to detect them.

  Store clerks and sellers and servers of alcoholic beverages or tobacco products must carefully read identification presented for proof of age. According to the Virginia Administrative Code (3 VAC 5-50-20), a licensee or its employees can use the following factors to determine whether or not to make a sale:

  Whether an ordinary person would doubt the purchaser is of legal age based on appearance
Whether the purchaser presents identification upon request and appears to be the individual pictured on the document and of the legal age (21 for alcohol; 18 for tobacco products)
Whether the identification is in proper order, has not been altered and has not expired.

If a clerk or server suspects an imposter, an altered ID, or a fake ID, he or she can request to see a second form of identification. Some signs that an ID has been altered include photos that are cut out and glued over the original one, cut marks, bumps or tears in the lamination and lettering that doesn’t match the rest of the card. ABC offers training to retailers regarding fake IDs, among other topics.

  The holder of the fake ID, and not the retailer, is held fully responsible when the ID appears to be legitimate and meets the minimum standards imposed by the regulations. For a copy of the ID Checking Guide, contact the Drivers License Guide Company at (800) 227-8827.

  It is illegal to use another’s identification as one’s own.
It is illegal to possess or sell an ID for the purpose of establishing a false identification.
Persons who possess, use or distribute fake IDs are charged with a Class 1 misdemeanor. If the document is used to purchase a firearm, the charges increase to a Class 6 felony.

  (COV 18.2-204.1)

It is illegal to possess, produce or distribute a falsified document that can be mistaken as an official government document.
Violators face Class 1 misdemeanor charges for the sale or production of such ID and Class 2 misdemeanor charges for possession of such ID.

  (COV 18.2-204.2)

Any underage person found using a falsified DMV driver’s license or military or university identification card to purchase alcoholic beverages faces conviction of a Class 3 misdemeanor.
Convicted individuals may lose their driver’s license for 30 days to one year.

  (COV 46.2-347)

It is illegal for anyone under 21 to possess any alcoholic beverage.
No one under 21 may use an altered or fake ID such as a driver’s license, birth certificate or student identification card to establish a false identification or false age to purchase an alcoholic beverage.
Violators of this section are guilty of a Class 1 misdemeanor and, upon conviction, face a fine of at least $500 or 50 hours of community service, and can lose their driver’s license for up to one year.

  (COV 4.1-305)

What to do if you’re accused of having a fake ID

  Shan’s professional and personal background gives him a unique understanding of academic institutions and the criminal justice system. A former federal prosecutor in Washington, D.C., he is at home in D.C. Courts and very familiar with all of the Washington, D.C. law enforcement agencies, especially the Metropolitan Police Department. His parents were university professors so he grew up in a university environment. He understands the mindset of academic institutions.

  As a prosecutor, he supervised in the misdemeanor crime section. This is the section of the Washington, D.C. prosecutor’s office that handles most college student cases. His understanding of charging decisions and how judges view these cases is invaluable to his student clients and their families.

  Shan served as a federal prosecutor in the United States Attorney’s Office for the District of Columbia for over ten years. During his tenure there, now Attorney General Eric H. Holder, Jr. appointed him to supervisory positions in the Misdemeanor Trial Section and also in a police corruption task force. His outstanding legal work in the government was recognized through numerous Special Achievement Awards from the Justice Department as well as awards conveyed by law enforcement agencies and community groups.

  From 1999-2000, Shan served as Counsel to Attorney General Janet Reno, advising her on criminal and civil investigations, E-Gov, E-Commerce (electronic signatures, internet gambling, internet telephony, privacy & public access issues in electronic court filings), congressional oversight, and legislative review. His responsibilities included serving as liaison to the FBI, DEA, Criminal Division, Executive Office of United States Attorneys, National Institute of Justice, and White House Counsel’s Office.

  Shan serves on the D.C. Bar Association’s Hearing Committee of the Board on Professional Responsibility and is a past president of the Asian Pacific American Bar Association for the Greater Washington, D.C. area. He is a 1988 graduate of Georgetown University Law Center, where he graduated Order of the Barristers, edited two law reviews, and was Co-Director of the Moot Court Program. He holds a B.A. in English Literature from Vassar College as well as a Master’s Degree in Creative Writing from Sarah Lawrence College. Following law school, he clerked for the late Hon. Jerry Buchmeyer, U.S. District Court for the Northern District of Texas, and the late Eugene Wright, U.S. Court of Appeals for the Ninth Circuit. He is admitted to practice law in the District of Columbia and Connecticut.

illegal immigrants driver’s license new york how to not get caught with a fake id

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