Pumphrey Law Criminal Defense Misdemeanor Charges Possession of a Fake ID – Florida Law

Possession of a Fake ID

As Florida’s legal drinking age remains 21-years-old, creating or obtaining a fake ID is a criminal offense common by young people who are not yet of age. If you are caught with a fake ID or an ID that was altered in any way, you could face criminal prosecution. Many of these cases involve borrowing an older sibling’s driver’s license, purchasing a fake ID from an unsure website, or using photoshop to create a different date of birth on a copy of your passport.

The consequences of getting charged with possession of fake ID should not be taken lightly. If you are convicted there is a possibility of fines, probation, and incarceration. Any minor who has been accused of possessing a fake ID, or any parent of a minor who was arrested for a fake ID charge should consult with an attorney to work on defense strategies.

Read our article on when possessing a Fake I.D. is a felony or a misdemeanor.

Attorney for Fake ID Crimes in Tallahassee, FL

If you were arrested for possessing, making, or selling a fake I.D. in Tallahassee or Leon County, FL, then contact an experienced criminal defense attorney at Pumphrey Law. We can help you understand the charges against you and the possible penalties that come with a conviction. 

For college students who received a notice to appear (instead of being formally booking into the jail) after possessing a fake I.D., you should be aware that any local law enforcement agency might forward the report to the Dean of Student Affairs for appropriate disciplinary action. 

To protect yourself and your future, get ahead of your case by connecting with an experienced defense attorney. Pumphrey Law provides free case evaluations when you call us at (850) 681-7777 to discuss your case. 

How is the term “Driver’s License” Defined under Florida Law?

When a person goes into a restaurant, bar, club, or store in hopes to purchase alcohol, they must provide a valid form of identification to prove they are of legal drinking age. In Florida, a person can provide their driver’s license, passport, or DMV-issued identification card as a form of valid identification.

Florida Statute Section 322.01(17) defines a driver’s license as a certificate that, subject to all other requirements of law, authorizes an individual to drive a motor vehicle and denotes an operator’s license as defined in 49 U.S.C. section 30301: “A license issued by a State authorizing an individual to operate a motor vehicle on public streets, roads, or highways.

An identification card is defined under both Florida Statute Section 322.01(46) and 18 USC § 1028(d)(8) as an identification document issued by a State or local government for the sole purpose of identification.

An individual who is caught in possession of a fake ID or driver’s license in Florida can face criminal prosecution.

Fake ID Charge in Florida 

Under Florida Statute Section 322.212, it is unlawful for an individual to be in possession of or display any blank, forged, stolen, fictitious, counterfeit, or unlawfully issued driver’s license or identification card.

Aside from the unlawful possession of a fake ID, you could also face criminal charges for any of the following conduct:

• The sale, manufacturing, or delivery of a fake ID;
• Bartering, trading, selling, or giving away a fake ID;
• The agreement to supply or aid another person in obtaining a fake ID; or
• Possessing a driver’s license or ID with an altered date of birth.

The following provides several example scenarios of a fake ID crime:

1. An underage person attempts to get entrance at a 21+ bar and is caught by a bouncer, who reports the fake ID to law enforcement;
2. An underage person tries to purchase alcohol from a convenient store and the store employee confiscates the fake ID to report it to the police;
3. A person under 21 gets pulled over for a suspected DUI and hands the police officer their fake ID; and
4. Undercover police seize fake IDs from an underage group of minors at a public event.

Penalties for Fake ID Possession in Florida

The penalties for a fake ID crime are outlined under Florida Statute Section 322.212(6):

A person accused of giving a false age when applying for a driver’s license or identification card, or who possesses an ID with an altered birth date faces a second-degree misdemeanor. If convicted, the penalties for a second-degree misdemeanor carries:

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

A person accused of possessing, selling, manufacturing, or supplying a fake ID faces a third-degree felony. If convicted, the penalties for a third-degree felony carries:

• Up to a $5,000 fine; and
• Up to 5 years in prison.

Important: A person under the age of 21 who is caught with a fake ID and who is also in possession of an alcoholic beverage could face the additional charge of Minor in Possession of Alcohol.

Contact the defense attorneys with Pumphrey Law Firm if you have any questions regarding the charges against you or the potential consequences of a conviction.

Defenses to a Fake ID Charge

In the aftermath of an arrest, the accused person may be left feeling nervous about the possibility of a conviction and be confused on how to move forward. If you have been accused of possessing or selling a fake ID, consider speaking with a legal representative. An attorney with Pumphrey Law can review your case details and determine if any of the following defenses are applicable to your case:

• Illegal Search and Seizure – A police officer who obtained a fake ID through an unlawful seizure can result in your defense attorney filing a motion to suppress the evidence, meaning it would be inadmissible in court.
• Lack of knowledge – A defendant who was not aware that the ID in their possession was fake or altered may be able to use this as a defense.
• Improper Methods of Identification – Any errors made in the method of identification by a law enforcement officer could be used as a defense in a fake ID case.
• Entrapment – If a police officer used coercion or induced the defendant into obtaining or using a fake ID, your defense attorney could use entrapment as a form of defense.
• First-Time Offender Program – In certain cases, when a defendant has no prior convictions, they may be offered a pretrial diversion. Contact Pumphrey Law to determine if you would be eligible for a diversion program in Leon County.

Consult with a defense attorney in Tallahassee, Florida to discuss the potential defense strategies for your criminal case.

Contact a Possession of a Fake ID Attorney in Tallahassee, FL

If you or a loved one are facing charges for a felony or misdemeanor possession of a fake ID crime, prioritizing finding legal representation is imperative. If your case goes to trial and you are convicted, you could be required to pay fines, serve a sentence in jail or state prison, complete probation, or even lose your ability to drive.

By hiring an attorney with Pumphrey Law, you can rest assured knowing that you have a knowledgeable Tallahassee criminal defense lawyer to represent your case. Our goal is to fight to get the charges lessened or completed dismissed. Call (850) 681-7777  or fill out our online form today to discuss your case and get a free consultation with a lawyer. Let us put our experience to work for you. 

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Page Updated January 15, 2024