Representing Those Charged with Fake ID in Flagler and Volusia County, Florida
In the state of Florida, under Section 322.212 of the Florida Statutes, it is illegal to possess, forge, or distribute counterfeit identification cards, commonly known as “fake IDs.” These situations often involve individuals who have not yet reached the legal drinking age of 21 and attempt to use fake IDs to buy alcohol or gain entry to venues that have age restrictions.
Additionally, related charges may include underage possession of alcohol by individuals under 21 years old.
These cases typically revolve around activities such as borrowing an older sibling’s driver’s license, obtaining fake IDs from dubious online sources, or manipulating the date of birth on a copied passport. Possession of an ID that is not your own is considered a misdemeanor in Florida.
It’s essential to be aware that there are different levels of severity when getting caught with a fake identification. In the late 1990’s, Florida’s laws were amended, making the possession of a driver’s license or state identification card that was not lawfully issued by the appropriate government agency a felony offense. This felony can result in up to five years of imprisonment and a fine of $5,000.00, as per Florida Statute 322.212.
If the only alteration made to the identification card pertains to the date of birth, the offense may be classified as a second-degree misdemeanor, which carries different consequences and penalties.
If you, or a loved one, have been arrested for possession of a fake ID in Daytona Beach, Volusia County, Flagler County, or the surrounding areas, contact Sam Masters Legal today to schedule your free consultation. We are ready to protect your rights and protect your future.
Fake ID Defense Lawyer in Daytona Beach, Florida
If you find yourself arrested on charges related to possessing, creating, or selling a fake ID in Daytona Beach or Volusia County, Florida, it’s crucial to seek the counsel of an experienced criminal defense attorney. At Sam Masters Legal, we specialize in assisting individuals like you, providing valuable insights into the charges you face, explaining the potential penalties within the bounds of the law, and exploring available defense strategies tailored to your case.
For college students who have received a Notice to Appear (rather than undergoing formal booking into jail) after being caught with a fake ID, it’s important to recognize that local law enforcement agencies may choose to forward your case report to the Dean of Student Affairs at your school for possible disciplinary actions.
Furthermore, related offenses, such as manufacturing or possessing the tools to create counterfeit driver’s licenses or government-issued identification, can lead to second-degree felony charges. In fact, under Florida Statute Section 831.29, each instance of creating a fake ID can result in a separate charge being filed against you.
Additionally, providing a police officer with false information or utilizing fake identification upon arrest or lawful detention is a violation of Florida’s Statute 901.36. This violation constitutes a first-degree misdemeanor, carrying potential penalties of up to one year in jail and a fine of $1,000.00.
When facing such charges in Daytona Beach or Volusia County, you can trust Sam Masters Legal to provide you with comprehensive legal representation and guidance. Your rights and interests are our top priority, and we are dedicated to helping you navigate the legal process effectively. Reach out to us today for a confidential consultation, and let us be your advocate in your time of need. Your defense starts here with Sam Masters Legal.
Misdemeanor Fake ID Charges
If you’re facing charges under Section 322.212(5) of the Florida Statutes for attempting to obtain a Florida identification card using false information, it’s important to understand the legal implications and the potential severity of the offense. This charge is classified as a third-degree felony.
Section 322.212(5)(a) necessitates the establishment of certain elements in the case, including proof that the defendant knowingly made a false statement, knowingly concealed a material fact, or engaged in fraudulent activities during the Florida identification card application process.
At Sam Masters Legal, we specialize in handling cases like yours. We are committed to providing you with comprehensive legal support, explaining the intricacies of your charges, and building a strong defense tailored to your unique circumstances. Your rights and interests are our top priority, and we are here to help you navigate the legal complexities effectively.
Felony Fake ID Charges
Under Florida law, it is expressly prohibited to possess a driver’s license or identification card on which the date of birth has been tampered with or altered. This statute is found in §322.212(5)(b) of the Florida Statutes. While most offenses related to fraudulent identification cards are classified as felonies, there is an exception when the sole alteration pertains to the date of birth.
If you are found to be in violation of this statute by possessing a driver’s license or any document closely resembling it, with an altered date of birth, you may face charges of a second-degree misdemeanor. This misdemeanor offense carries potential penalties of a $500 fine, up to 60 days in jail, or 6 months of probation.
At Sam Masters Legal, we understand the intricacies of Florida law and are here to provide you with the legal support and guidance you need. Your rights and interests are our top priority, and we are dedicated to helping you navigate the legal process effectively.
Florida’s “Real ID Act”
The “Real ID Act” is a federal law that sets specific standards for state-issued driver’s licenses and identification cards to enhance security and prevent fraudulent use. It was enacted by the U.S. Congress in 2005 in response to national security concerns following the September 11, 2001 terrorist attacks. The Real ID Act establishes minimum requirements that state-issued identification documents must meet for federal purposes, such as boarding commercial aircraft, entering federal buildings, or accessing certain federal facilities.
Key provisions of the Real ID Act include:
Document Verification: States must verify the authenticity of identity documents presented by individuals when applying for a driver’s license or identification card. This includes verifying U.S. citizenship or lawful presence in the United States.
Secure Document Standards: The Act establishes minimum security features and standards for the production and issuance of driver’s licenses and identification cards, including the use of tamper-resistant materials and technologies.
Biometric Data: States must capture and retain biometric data (such as a digital photograph) for identification purposes.
Shared Database: The Act requires states to participate in a national network that shares driver’s license and identification card information to prevent individuals from holding multiple licenses in different states.
Compliance Deadline: The Real ID Act set a compliance deadline for states to meet the new standards. Originally, this deadline was set for May 11, 2008, but it was extended multiple times to allow states more time to implement the required changes.
Federal Acceptance: Federal agencies and facilities are prohibited from accepting non-compliant driver’s licenses and identification cards for official purposes. This includes boarding domestic flights and entering certain federal buildings.
Fake ID Defense Lawyer in Daytona Beach, Florida
At Sam Masters Legal in Daytona Beach, Florida, we’re here to provide you with expert legal guidance if you find yourself in a situation where you’ve used a fake ID and are facing charges in Volusia County, Flagler County, or the surrounding areas.. Whether you’re charged with the felony or misdemeanor version of this offense, our dedicated Daytona Beach criminal defense attorneys are here to help.
We understand the complexities of these cases, and we’re committed to discussing the potential consequences and legal strategies tailored to your unique situation. Our goal is to assist you in the pursuit of having these charges completely dismissed.
Reach out to us today at (386) 252-4717 to speak with an attorney about your case. We offer a free consultation, providing you with the opportunity to discuss your circumstances confidentially and gain insights into your legal options. Let Sam Masters Legal put our extensive experience to work for you and be your advocate during this challenging time. Your defense starts with us.