Possession of Fake ID Attorneys in Mahwah NJ
Just about every eighteen or nineteen year old cannot wait for the day that they turn twenty-one so that they can legally get into the local bars and clubs in Bergen County. Unfortunately, some cannot resist the temptation of obtaining what is commonly referred to as a Fake Id. Sadly, most do not realize the severity of both possessing and/or manufacturing fake ids. Possessing a Fake ID, whether it be an actual fraudulent license or someone else’s lawful license, is a fourth degree indictable (felony) offense. On the other hand, fraudulently making a fake id’s is a second degree indictable (felony) offense. If convicted, both offenses will leave the defendant with a felony criminal record. Often times a fake id is discovered during a subsequent search of the defendant after an otherwise lawful arrest for offenses like driving while intoxicated, aggravated assault, shoplifting or possession of marijuana. The Law Offices of Jonathan F. Marshall has eight criminal defense attorneys on staff, making us one of the largest criminal defense firms in the state, let alone Bergen County. We have been successfully defending individuals charged with possessing a fake id throughout Bergen Count in towns like Fort Lee, Garfield, Elmwood Park, Englewood Cliffs, Lodi, Paramus, Ramsey and Palisades Interstate Park. Here is some important information with regards to the offense of Possessing a Fake Id. (For more info on other potential fraud charges click here)
Forging a Government Agency Issued Document: N.J.S.A. 2C:21-2.1
Sale of False Identification or Age Verification Documents: An individual will be charged with a second degree indictable (felony) offense if they are caught “knowingly selling, offering or exposing for sale, or otherwise transferring or possessing with the intent to sell, offering or exposing for sale, or otherwise transferring a document or other writing, which falsely appears to be a driver’s license, birth certificate or other document issued by a governmental agency and which could be used as a means of verifying a person’s identity or age or any personal identifying information”
- The document in question was purported to be a driver’s license or other document issued by a governmental agency; &
- That the document in question was not in fact issued by a government agency; &
- The document was the type which could be used as a means of verifying one’s identity/age/personal information; &
- The defendant sold, offered or exposed for sale the said document.
- The defendant acted knowingly.
Exhibit False Identification or Age Verification Documents: A defendant will be convicted of a third degree indictable (felony) offense if they are caught “knowingly exhibiting, displaying or uttering a document or other writing which falsely purports to be a driver’s license, birth certificate or other document issued by a governmental agency and which could be used as a means of verifying a person’s identity or age or any other personal identifying information”.
- The document in question appeared to be a driver’s license or other document issued by a governmental agency; &
- The document was not in fact a document issued by a government agency; &
- It was the type of document which could be used as a means of verifying a person’s identity or age or personal identifying information; &
- The defendant exhibited the document in question; &
- The defendant acted knowingly in displaying the document.
Important Exceptions: The exhibiting a false identification or age verification document offense does not cover a situation where the defendant use the personal identifying information of another to illegally purchase any alcoholic beverage. However, before this exception applies, the defendant must not have received any other benefit or service and did not perpetrate or attempt to perpetrate any additional injury or fraud on another.
Possess False Identification or Age Verification Documents: If the person knowingly possesses but does not exhibit or display the document or writing, it is a fourth degree crime. This situation will occur when the defendant is caught simply possessing the id and not attempting to use the identification to receive some type of benefits.
Tampering with Public Records or Information: N.J.S.A. 2C:28-7
Pursuant to N.J.S.A. 2C:28-7, a defendant will be guilty of tempering with public records if:
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;
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
Purposely and unlawfully destroys, conceals, removes, mutilates, or otherwise impairs the verity or availability of any such record, document or thing.
If convicted of this offense, the defendant will be charged with a disorderly person offense (misdemeanor) unless it can be proven that the defendant’s underline purpose was to defraud or injure anyone. If so, then the defendant will be charged with a third degree felony.
East Rutherford NJ Fake ID Lawyers
The Law Offices of Jonathan F. Marshall is a powerful criminal defense firm that has a long track record of success. If you or someone you know has been charged with either possessing a fake id or manufacturing a fake id it is imperative that you speak to an experienced criminal defense trial attorney immediately. If you have any further questions please contact any one of our Bergen County Offices for a free initial consultation.