If you have been charged with possession or use of false identification (a.k.a. Fake ID), such as a driver’s license, call our Belmar Firm to speak to an experienced criminal attorney. Our attorneys have represented many individuals arrested while attempting to purchase alcohol or enter popular bars like the Boathouse, D’Jais, and 9th Avenue Pier. Don’t strap yourself with a potentially permanent criminal record by underestimating the severity of this charge. Our defense lawyers can help you escape a conviction and the penalties that apply under N.J.S.A. 2C:33-15.
Belmar Fake ID Offense For Using or Possessing a Forged or Counterfeit Driver’s Licenses, Passports & Other Identification There is potential for serious consequence if you are found guilty of possession or use of a false identification is two-fold. The first way you can run into trouble is If you make or tamper with a public record such as a driver’s license or passport, and are found in possession or attempt to use the item. When this happens, N.J.S.A. 2C:28-7, titled “tampering with public records or information”, comes into play. This statute makes it a crime to:
(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.
It is a third degree crime, a felony, when someone commits any of these three acts except where no one is defrauded or injured, in which case it is a disorderly persons offense. There is a jail sentence of up to 5 years and fine as high as $15,000 for a third degree fake ID violation. The disorderly persons variety of this false ID charge results in a maximum jail sentence of six (6) months.
Belmar False ID Charge Involving Use Of The Driver’s License or Identification of Another
The second way an individual can commit a criminal offense involving false identification is to get caught possessing or using the driver’s license or ID of someone else. This violation is based on N.J.S.A. 2C:21-17.2 (“Use of personal identifying information of another”). This NJ Law provides that:
a. A person is guilty of a crime of the second degree if, in obtaining or attempting to obtain a driver’s license, birth certificate or other document issued by a governmental agency which could be used as a means of verifying a person’s identity, age or any other personal identifying information, that person knowingly exhibits, displays or utters a document or other writing which falsely purports to be a driver’s license, birth certificate or other document issued by a governmental agency or which belongs or pertains to a person other than the person who possesses the document.
c. A violation of N.J.S.2C:28-7, constituting a disorderly persons offense, section 1 of P.L.1979, c.264 (C.2C:33-15), R.S.33:1-81 or section 6 of P.L.1968, c.313 (C.33:1-81.7) in a case where the person uses the personal identifying information of another to illegally purchase an alcoholic beverage or for using the personal identifying information of another to misrepresent his age for the purpose of obtaining tobacco or other consumer product denied to persons under 18 years of age shall not constitute an offense under this section if the actor received only that benefit or service and did not perpetrate or attempt to perpetrate any additional injury or fraud on another.
You will immediately note that impersonating another under 2C:21-17.2 can be extremely serious as it often results in a second degree crime, something that carries 5-10 years in prison. Much of the reason for such a significant penalty is, however, to combat identity theft. Since underage drinking or alcohol possession is something very different than stealing someone’s identity and impersonating them to defraud, this law provides for less consequences and grading of offense when the identification is for this purpose. Where the violation involves the illegal/underage purchasing of alcohol, then this offense is only a disorderly persons charge. While there is a record, fines, and the possibility of six months in the county jail, a disorderly persons offense for using someone’s ID to purchased alcohol is not a felony.
Fake ID Offense in Belmar NJ
As you can see, you will have a record if you are convicted of this offense in Belmar. This can cause serious issues in obtaining employment or otherwise passing a background check. It is clearly very important that you obtain proper representation if you are facing this charge as you have your entire life ahead of you. Our Belmar Office can assist you in averting any record and this is a benefit that you cannot afford to lose. So call one of our fake ID defense lawyers now for a free consultation.