False Identification

Juvenile Charged with Fake I.D.

Juveniles can be charged with possessing, displaying, and manufacturing or distributing false identification. “Fake IDs” are becoming increasingly common among juveniles, and many youngsters may be unaware that even carrying one might bring serious consequences. However, if your child has been arrested for a fake ID it is important that you retain a good juvenile defense lawyer so that son or daughter can avoid a blemish on their record. The Law Offices of John F. Marshall has attorneys who are available to represent your child if they have been charged with possession of false identification. We defend clients all across New Jersey, including Ocean County, Monmouth County, Essex County, Middlesex County, Mercer County, Union County, and Bergen County.

Displaying or Possessing a False Identification Document

Displaying a False Document, according to N.J.S.A. §2C:21-2.1(c), is a third degree offense for any individual to “exhibit, display, or utter” any document or writing, which falsely represents a driver’s license, birth certificate, or other official document that can be used to misrepresent the actor’s age or other information used for personal identification. Possessing a False Document is a fourth degree offense. N.J.S.A: §2C:21-2.1(d) states that for any individual to possess any document or writing which falsely represent a driver’s license, birth certificate, or other official document that can be used to misrepresent the actor’s age or other information used for personal identification. In addition, pursuant to N.J.S.A. §2C:21-2.1(e), any juvenile who is guilty of violating any of the above provisions will have his or her driver’s license suspended for not less than 6 months but not more than 2 years, which begins the day the court issues the sentence. If the juvenile has not yet reached the age of 17, the suspension begins on his or her 17th birthday. Using Another Person’s Identification in order to Obtain a Governmental Document, under N.J.S.A. §2C:17.2, is a second degree offense. This law states that if an individual knowingly “exhibits, displays, or utters” a false driver’s license, birth certificate, or other official document and obtains or attempts to obtain a driver’s license, birth certificate, or other official document issued by the government which can be used for personal identification. It is important to note that none of these statutes apply to juveniles who use the fake IDs to purchase alcohol or tobacco. These types of offenses will usually be considered disorderly persons offenses.

Distribution or Manufacture of a False Identification Document

Manufacturing Fake IDs

Under NJ law, §2C: 21-17.3 (a), it is a fourth degree offense if an individual, with knowledge of facilitating fraud, “distributes, manufactures, or possesses” any item with the identifying information of another person, and without the consent of that person. A fourth degree offense for a juvenile could result in up to 1 year detention if they have a prior record. The more fake IDs you make or have in your possession the harsher the offenses and subsequent penalties are. It is a third degree offense, if an individual, with knowledge of facilitating fraud, distributes, manufactures, or possesses 20 or more items containing the personal identification of another person, or 5 or more items with the personal identification of 5 different persons, without their consent. A third degree offense for a juvenile could result in up to 2 years detention. It is a second degree offense if an individual, with knowledge of facilitating fraud, distributes, manufactures, or possesses 50 or more items containing the personal identification of one person, or 10 or more items with the personal identification of five or more separate persons, without their consent. A second degree offense for a juvenile could result in up to 3 years detention. It is important to note that distributing, manufacturing, or possessing 20 or more items containing the personal identifying information of another person, or items containing the personal identifying information of 5 separate persons, creates an inference that the actor had knowledge the he or she was facilitating fraud. Even possessing a device to create fake IDs is a second degree offense which can be punishable by up to 3 years detention.

Selling Fake IDs

It is also a second degree offense if a juvenile sells, offers or exposes for sale, or possesses with intent to sell, offer or expose for sale a document, printed form or other writing which falsely represents a driver’s license, birth certificate, or other officially issued document which could be used to misrepresent personal identifying information. A second degree offense for a juvenile could result in up to 3 years detention.

Using a False Identification Document in order to Purchase Alcohol Underage

It is against the law in New Jersey for any underage person to enter an establishment for purposes of purchasing alcohol, to misrepresent their age to purchase alcohol, to solicit someone else to buy alcohol for you or consume alcohol on premises that sell alcohol. It is also illegal for an adult to purchase alcohol for minors. A violation of any of the above offenses is a disorderly persons, and imposes a minimum fine of $500, and a 6 month suspension of the offender’s driver’s license. For juveniles, a disorderly persons offense could result in up to six months detention if they are a prior offender. Furthermore, many townships have enacted Town Ordinance Violations which specifically set fines and penalties for fake IDs.

If your son or daughter has been charged with possessing of false identification or using a Fake ID to buy alcohol or tobacco and was under the age of 18 at the time of the offense then it is important that your family retains a juvenile defense lawyer. Even if this is your child’s first offense, they could be facing severe penalties such as high fines, loss of license and non-custodial dispositions such as community service. At the Law Offices of John F. Marshall, our attorneys have been successfully representing juveniles for over 40 years. We are experienced in handling such offenses and are very familiar with the different municipal court systems throughout the state. You can contact our office and speak to an attorney 24/7 who will answer all your questions free of cost.