Attorney Advice: Possession of a Fake ID in Florida
Under Sec. 322.212, Florida Statutes, a person commits Possession of a Fake ID in Florida by knowingly possessing: Any blank, forged, stolen, fictitious, counterfeit, or unlawfully issued driver’s license or identification card, unless allowed by the Florida Department of Highway Safety and Motor Vehicles; OR Any object made to look like a driver’s license or identification card from any state or jurisdiction, including Florida.
Penalties for Possession of a Fake ID in Florida
Possession of a Fake ID is a third-degree felony in Florida, punishable by up to 5 years in prison or 5 years of probation, and a $5,000 fine. The charge carries a severity level of 1 (or 4 points) under the Criminal Punishment Code. Assuming there are no aggravating circumstances (such as prior criminal convictions), there is no minimum mandatory sentence. This means that even though the judge can sentence you up to the maximum prison time, the judge is not required to order any amount of prison time.
Defending a Charge of Possession of a Fake ID in Florida
The accusation of possessing a Fake ID can be a daunting challenge, but with an experienced attorney, you have options for your defense. Some strategies may include:
- Motion to suppress evidence: A motion to suppress is a request to a judge to exclude certain evidence in a trial. This is often applied when it’s believed that evidence has been obtained in violation of your constitutional rights.
- Alibi defense: In some cases, if you can prove that you were somewhere else when the alleged crime occurred, this can be used as a defense.
- Evidence insufficiency: Another defense could be demonstrating that the evidence against you is insufficient to support the charge.
- Lack of Knowledge: Asserting that you didn’t know the ID was fake may also be a plausible defense.
- Lack of Proof: Another potential defense is the lack of sufficient evidence. The burden of proof rests with the prosecution. If they cannot provide compelling evidence that you were in possession of a Fake ID, the charges may be dismissed.
At Leppard Law, we have the skills and experience to investigate your case thoroughly and determine the best possible defense strategy. Our goal is always to fight for a reduction or dismissal of the charges against you.
Frequently Asked Questions
1. Is having a Fake ID a felony in Florida?
Most often, possessing an ID card that isn’t yours, is fake, or completely made up from a color printer is considered a third-degree felony under Florida Statute § 322.212(1)(d). This includes cases where you borrow an older sibling’s driver’s license to enter clubs or bars.
2. What happens if you get caught with a fake ID in Florida?
Possession of a fake ID can be a third-degree felony or a second-degree misdemeanor. A third-degree felony can result in a maximum prison sentence of 5 years, 5 years of probation, or a maximum fine of $5,000. A second-degree misdemeanor can lead to a maximum of 60 days in jail, 6 months probation, or a $500 fine.
3. What are the academic consequences for students caught with a Fake ID in Florida?
Students who get caught with a fake ID could face academic probation, exclusion from campus activities, elimination from athletic teams, or expulsion. They could also be subject to disciplinary hearings, even if the incident occurred off-campus.
4. What to do when faced with a fake ID charge?
If you are charged with possession of a fake ID, you should contact a experienced criminal defense attorney immediately. Our attorneys at Leppard Law have extensive experience dealing with matters involving the possession of fake IDs.
5. How can Leppard Law help me?
We at Leppard Law understand the complexities of the legal system and use our experience and knowledge to build the best possible defense for you. We work closely with you every step of the way and ensure you’re updated on your case progress.
Contact Leppard Law Today
Possession of a Fake ID is a serious offense with significant penalties. Our defense attorneys are ready to help you fight your case and will work tirelessly to answer any concerns you have regarding your case. We offer a no-cost consultation at any hour of the day. Call our office at 407-476-4111. Leppard Law: Florida DUI Lawyers & Criminal Defense Attorneys PLLC.