Why Someone Caught With a Fake ID Should Hire an Attorney Moreover, a municipal offense will not result in a criminal record. This will reduce or eliminate the risk of jail time as well as any fines. If the charges cannot be dismissed or the evidence against the defendant is strong, then it may be possible to negotiate with prosecutors to reduce the charge to a municipal offense, rather than a disorderly persons offense. Likewise, if the police did not have probable cause to stop and/or search the defendant, then the charge could be dismissed. This can happen when racial, ethnic, socio-economic, or other types of bias are a factor arrest in an arrest. In other cases, it may be possible to demonstrate that the arrest and/or discovery of evidence was not lawful to begin with. For example, if the defendant was arrested at a party or in a crowded bar/club, it is possible that the police arrested the wrong person. Another is to prove a case of mistaken identity. One is disprove possession, meaning to prevent the prosecution from proving beyond doubt that the ID was legally belonged to the defendant. There are many ways that a person can avoid getting convicted of a fake ID-related charge. Defenses to Having a Fake ID in New Jersey
This can lead to up to 10 years in prison (3 years in juvenile detention for minors). Lastly, it is a second-degree crime to make 50 or more fake IDs or 10 or more fake IDs using the personal information of 5 or more separate people. If a juvenile is caught doing this, he could be put in juvenile detention for up to 2 years.
However, if a person who makes 20 or more fake IDs or 5 or more fake IDs each containing different personal information, then he/she will be guilty of a third-degree crime. In most cases this is a fourth-degree crime. In other words, it is illegal to create a fake ID to give to another person who it is known is going to use it to misrepresent himself. It is also a crime to distribute, manufacture, or possesses any it em with the identifying information of another person with knowledge of facilitating fraud.
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If the youth does not yet have a driver’s license, then the suspension will begin the moment he/she is issued a full license (at age 17). $1,000, and a mandatory suspension of his/her driver’s license. Therefore, under most circumstances, when a juvenile is convicted of displaying or possessing a fake ID, he/she will face a maximum sentence of 6 months in prison, a fine of up to commercial fraud, misrepresentation, etc.) than for a youth to lie about his/her age for the purposes of getting access to alcohol or cigarettes. The State of New Jersey finds it much worse for an adult to use a fake ID in order to further an unlawful objective (i.e. When a juvenile possesses or displays a fake ID, he/she will almost always be charged with a disorderly persons offense. What Are the Penalties for Juveniles with Fake IDs in NJ? To understand more about this crime and its penalties, read our information page here. New Jersey law allows for a person to be charged with identity theft for using a fake ID. Can I Be Charged with Identity Theft for Having a Fake ID? In addition, regardless of which crime one is charged with, a person can have their driving privileges suspended for 6 months to 2 years. Viction means facing up to 18 months in prison and a fine of up to $10,000. Possessing a fake ID is a fourth-degree crime (felony) in New Jersey, and a con This makes it a cri me to merely have on one’s person any document or writing that falsely represents one’s age or other personal information.
If the person is found in possession of a fake ID but has not attempted to use it, he/she may be charged with Possessing a False Document (N.J.S.A. Thankfully, this harsh penalty is not usually applicable to juveniles (see below). If found guilty, a person can face up to 5 years in prison and a fine of up to $15,000. Displaying a false document is a third-degree crime (felony). This specifically includes a driver’s license, birth certificate, or passport, but could also apply to other documents.Įssentially, this law makes it a crime to use a fake ID for the purpose of misrepresenting one’s age or other personal information. 2C:21-2.1(c), Displaying a False Document, it is unlawful to “exhibit, displa y, or utter” any document or writing that is meant to resemble a document issued by the government that could be used to identify the person. The consequences for having a fake ID in NJ depend on what statute one is charged under. What Are the Penalties for Having a Fake ID in New Jersey? Each of these actions is a crime that is punishable by jail time and carries with it the stain of a criminal record that could ruin a juvenile’s future. In New Jersey, it is unlawful to possess, display, create, and/or sell a fake ID. Young adults who try to purchase alcohol or gain access to bars with a fake ID need to understand that their actions can have dire consequences.