Possession of a Fake ID

Possession of a Fake ID

Mount Holly & Camden Attorneys serving Burlington, Camden, and Gloucester County Areas

If you are arrested for possession of a fake ID in New Jersey, this is a criminal offense that must be taken seriously. One silly mistake shouldn’t derail your future. Possession of a fake ID charges may be issued if a person is accused of using someone else’s driver’s license or having a fraudulent driver’s license. These cases often arise in bars and local night spots because it is difficult for underage people to get in without valid identification. The problem is, fake ID’s can expose you to criminal charges in violation of N.J.S.A. 2C: 28-7 and significant penalties, including up to 6 months in jail. Not to mention, you may also be charged with underage possession of alcohol or another related offense.

At The Law Offices of Leonard Biddison, our criminal defense lawyers have extensive experience defending against fake ID charges for clients throughout South Jersey. In fact, our firm’s founder Leonard Biddison was named among the Top 10 Criminal Law Attorneys in New Jersey by the American Jurist Institute. With offices in Collingswood, we regularly represent clients in Mount Holly, Pemberton, Willingboro, Lumberton, New Hanover, and throughout Burlington and Camden County NJ. To discuss your specific case, contact our fake ID attorneys at (856)-427-6888 for a free consultation.

Possessing a Fake ID, a Violation of N.J.S.A. 2C: 28-7

A person is usually charged with possession of a fake ID under N.J.S.A. 2C:28-7, the statute that governs tampering with public records or information. According to this section, a person commits an offense in violation of the statute if he or she:

(1) Knowingly makes a false entry in, or false alteration of, any record, document or thing belonging to, or received or kept by, the government for information or record, or required by law to be kept by others for information of the government;

(2) Makes, presents, offers for filing, or uses any record, document or thing knowing it to be false, and with purpose that it be taken as a genuine part of information or records referred to in paragraph (1); or

(3) Purposely and unlawfully destroys, conceals, removes, mutilates, or otherwise impairs the verity or availability of any such record, document or thing.

Penalties for Possessing Fraudulent Identification in New Jersey

If you are charged with possession of a Fake ID in New Jersey, a conviction will result in you having a criminal record. Typically, using a fake ID is a disorderly persons offense, which means you are also facing up to 6 months in the county jail, a fine of up to $1,000, and additional court costs and fees that either you or your parents will be responsible for paying. In certain cases, fake IDs become more serious indictable crimes.

Specifically, when a person is accused of using false identification to defraud or injure anyone, this becomes a third degree crime. Third degree crimes are punishable by a New Jersey State Prison sentence of between 3 and 5 years and a fine of up to $15,000. Also, if a person is accused of unlawfully altering, destroying, concealing, removing, or disabling a camera or other monitoring device installed in a patrol vehicle, this is a fourth degree crime. A fourth degree crime includes a sentence to serve up to 18 months in prison and a maximum fine of $10,000.

What to do if you are Charged with Fake ID Possession

You may be a high school or college student who just wants to go to a bar with your friends. You may be almost 21 and have no prior criminal record. Unfortunately, you can run into serious problems if a bartender or bouncer identifies your ID as fake. If you are in college or applying to colleges, having an arrest and criminal conviction on your record can significantly hinder your future opportunities for work or school. Fortunately, being charged with possessing false identification doesn’t mean you are convicted. There are several ways to resolve these cases. If there are any grounds for a dismissal, this is always the first option our lawyers pursue. We also work to have these charges downgraded to a municipal ordinance violation, which is similar to a ticket and is not considered a criminal offense. In either scenario, avoiding a criminal conviction is our paramount concern. After that, we can help you apply for an expungement to remove the underlying arrest from your criminal record and move forward as if the entire event never occurred.

Pemberton NJ Fake ID Possession Lawyers

If you or your child has been charged with possession of a fake ID, The Law Offices of Leonard Biddison can help with the criminal case and expungement. Our attorneys defend young people in courts in Audubon, Cherry Hill, Gloucester, Evesham Township, and surrounding communities. Simply call (856)-427-6888 for a free consultation. Find answers about your fake ID case and take the next step toward putting this behind you.


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If you or someone you love has been charged with a criminal or DUI offense in New Jersey or Pennsylvania, finding the answers you need to make informed decisions is critical. Complete our contact form to request your free consultation or contact 856-245-5240

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