Caught with a Fake ID In New York - Rosenblum Law (2024)

Young kids who make and use fake IDs, particularly to buy alcohol or tobacco products, may assume they are committing a harmless offense. However, New York State considers having a fake ID to be a serious crime. Getting caught with a fake ID can result in prison time and a possible criminal record.

What Are the Penalties for Having Fake ID in NY?

Caught with a Fake ID In New York - Rosenblum Law (1)

Criminal possession of a fake ID is a violation of PL 170.25, criminal possession of a forged instrument in the second degree. This is a class D felony, punishable by up to 7 years in state prison. Criminal possession of a forged instrument in the third degree (170.20) is a class Amisdemeanor offense with a possible sentence of up to 1 year in jail, probation for 3 years, and a fine of up to $1,000.

If a fake ID contains the name and other information belonging to a real person—or if the person is caught using another person’s legitimate ID—he/she can be charged with criminal impersonation, PL 190.25, which is a misdemeanor punishable by up to 1 year in jail.

In addition to criminal charges, a person can also be charged under New York State Vehicle and Traffic Law 509-6 if they “possess or use any forged, fictitious or illegally obtained license, or use any license belonging to another person.” Under this statute, a person can be fined between $75 and $300 (plus a surcharge of either $88 or $93) and be sentenced to up to 15 days in jail.

A person convicted under this statute can also have his/her license revoked for between 90 days and 1 year. A person who enters a plea relating to 509-6 will receive a notice from the DMV informing him/her of the right to a hearing on the matter. The hearing offers an opportunity to avoid losing one’s license, which is why it is important to hire an attorney to handle any and all charges related to using a fake ID in NY.

Is it Against the Law to Buy a Fake ID?

Technically it is not illegal to purchase a fake ID in New York. However, it is a felony offense to produce or sell a fake ID.

What If I Lend My Driver’s License to Another Person?

A person who lends another his/her driver’s license can also be charged under VTL 509-6. As with the person caught using someone else’s ID, lending out a NYS driver’s license can result in a fine of $75 to $300, plus up to 15 days in jail and a license suspension of at least 90 days.

What Should I Do If I Am Caught with a Fake ID?

Any person who is caught with a fake ID must make use of his/her Miranda right to remain silent. In other words, don’t say anything! This is true even if one is caught by someone other than a police officer (e.g. a bouncer or liquor store cashier). After all, the individual who recognizes the ID as fake may be inclined to call the police later, and anything said to the aforementioned individual can be reiterated to police and used against the accused.

If a person is caught with a fake ID and the police get involved, then it is imperative that he/she contact a criminal defense attorney right away for help. Whether a person is charged under the traffic law statute or the criminal statute, there can be serious consequences should he/she be convicted.

Defenses to Getting Caught with a Fake ID

The exact defense will depend on which statute one is charged under and the circ*mstances of the arrest. For example, NYPL 170.20 and 170.25 require proof that the person who possessed the fake ID intended to use it to deceive another person. This is not a hard burden to meet, especially if the person was caught using the ID to get into a bar or club. However, if the ID was discovered on one’s person and one can demonstrate that it had not been presented or used in any particular circ*mstances, then the charge can be beaten.

The same is not true of VTL 509-6. This statute merely requires a person to “possess” a fake ID; intent to defraud does not need to be proven. However, in some cases, it may be possible to ensure that the prosecution is unable to prove possession.

Why Someone Caught with a Fake ID in NY Should Hire an Attorney

As mentioned above, getting caught with a fake ID can result in serious consequences which can include jail time, fines, and either a license revocation or possible criminal record. With the help of a skilled attorney, however, it may be possible to mitigate or avoid the most serious consequences. An attorney will be able to look at the facts of the case to determine the best possible defense strategy. The right attorney will know if any evidence was gathered in a manner that was unlawful and prevent it from being used against the defendant. In some cases, the best strategy may be to negotiate with prosecutors to reduce the charges to a lesser offense; in such situations, having an experienced attorney can ensure that one gets the best possible deal.

Who Should I Contact?

If you or your child is caught using a fake ID in New York, you need the advice of an experienced attorney right away. At Rosenblum Law, our expert attorneys have the knowledge and skills to fight for your rights and avoid the most serious consequences. E-mail or call today at 888-979-7551.

Caught with a Fake ID In New York - Rosenblum Law (2024)

FAQs

Caught with a Fake ID In New York - Rosenblum Law? ›

What Are the Penalties for Having Fake ID in NY? Criminal possession of a fake ID is a violation of PL 170.25, criminal possession of a forged instrument in the second degree. This is a class D felony, punishable by up to 7 years in state prison.

Can you go to jail for having a fake ID in New York? ›

In New York, the crime charged for a fake ID is typically Criminal Possession of a Forged Instrument in the Second Degree, PL 170.25, a class D felony, which is punishable by up to 7 years in state prison.

What is the statute of limitations on fake ID in NY? ›

Any individual who uses another's I.D. to deceive another may be charged with a misdemeanor. The statute of limitations for a misdemeanor is two years in New York.

What states is it a felony to have a fake ID? ›

Is having a fake ID a felony? In some states, yes. In states like Florida and Illinois, you can get arrested and charged with a felony. In Illinois, being charged with possession of a fake ID is a class 4 felony.

When must the fake ID be turned over to local law? ›

Turn the identification over to your local police department or sheriff's office within 24 hours, as required by law.

What happens if a fake ID gets seized? ›

If they confiscate it, they can then hand that fake ID over to the police, who can arrest you and charge you with a crime. If state law does not allow these workers to confiscate fake IDs, they might still call the cops on you.

What happens if a person shows you a fake ID? ›

Respectfully refuse entry or service. Notify the person in a polite way that fake IDs will not be accepted. Inform any other people at the door or serving alcohol at your event. Document the incident.

Can a cashier take your fake ID? ›

California: A licensee or his employee may seize any identification from a person that shows to be under 21 or false, so long as a receipt is given to the person from whom it was seized and the seized identification is given over to the local law enforcement agency that has jurisdiction over the premises within 24 ...

Is New Jersey strict with fake ids? ›

In New Jersey, using or possessing a fake ID are third and fourth-degree felonies, similar to felonies in other states. But the police will almost always charge teens attempting to use a fake ID to buy beer or tobacco products with a disorderly persons offense, similar to a misdemeanor in other states.

Is having a fake ID a felony in Florida? ›

Caught Using a Fake ID in Florida? Did you know that in Florida you can be charged with a third-degree felony for using a fake ID? In Florida, a third degree felony carries a maximum punishment of up to 5 years in prison and a $5,000.00 fine.

What states have the strictest fake ID laws? ›

The Commonwealth of Virginia is one of the strictest states about fake IDs, so it does not pay to take chances.

What charges can you face with fake ID? ›

Carrying or using a fake ID is a misdemeanor in California, which could include up to one year in county jail as a possible punishment but would never include prison time because that would require felony charges.

Do fake IDs show up on background checks? ›

However, potential employers can still see this information while performing a background check, damaging your chances of getting a job. Attempting to use a fake ID can also result in the loss of your real driver's license.

Do cops care about fake IDs? ›

Fake IDs are confiscated by the Police and the person responsible for it's making, using and in possession with intention to use it as genuine is prosecuted.

Should I use my real name on a fake ID? ›

No. A fake ID is an illegal item. Use a made-up name.

Why do bouncers keep fake IDs? ›

"Confiscating IDs is a way to make more money, and it's easy since fake IDs are obviously illegal... Rarely will a bouncer ever take an ID and actually refuse to give it back. They are just looking for a bribe." This doesn't universally apply to all bouncers, though.

What happens if a cop scans a fake ID? ›

Nothing. It comes back with an error message or, “No Record Found”. You then get arrested for presenting a false ID and they proceed to figure out who you really are. Where can I buy a fake ID that fools even the police?

What happens if your fake ID gets confiscated in the mail? ›

If you get caught, and the police are involved you will be taken to the city or county jail and booked under as John or Jane Doe until the police find out who exactly you are. Then you will be charged from a class A misdemeanor up to a 3rd agree felony depending on what your were using your fake ID for.

Does a UV light work on fake IDs? ›

UV lights also reveal glue marks, especially on the sides and edges of IDs. If you see lines on the edge of an ID that look irregular or messy, this indicates fake information was glued to the front. Finally, blacklights will uncover state seals on legitimate IDs, or the lack of one.

Is it worse to use a fake ID or someone else's? ›

Creating a fake ID is wayyy worse than just using one.

If you make your own fake or make ones for your friends, you'll be charged with forgery, which is a much more serious offense than possession of a forged instrument.

What shows when you scan an ID? ›

ID scanners collect information including a person's name, date of birth and address.

Do bouncers turn in fake IDs? ›

The bouncer can take the fake ID long enough to call the police, since the person is committing a crime and it can be reported. The police would then decide what to do with it.

Can a bartender take my fake ID? ›

So, can a bar confiscate my fake ID? Yes, in most cases they can. All 50 states have different laws regarding the confiscation of fake ID's. When it comes to dispensing alcohol, bars and restaurants take their responsibilities seriously and will do whatever they can to root out all forms of false identification.

Why do people use fake IDs? ›

Fake IDs and underage consumption of alcohol create an expansive black market. Many American teenagers use fake IDs to make them appear 21 so that they can get into bars, buy alcohol, and illegally drink.

What happens when a alcohol server serves alcohol to a minor after inspecting a fake ID and reasonably concluding it to be valid? ›

If a bartender or server ends up giving alcohol to a minor, then he will be equally liable for the offense. He may face the same legal consequences as that of the license owner. As a server, it is your responsibility to check the ID card for age and expiration status of the ID.

Does NJ license meet real ID? ›

Starting May 7, 2025, you must have a REAL ID compliant driver license/ID to fly within the U.S., unless you use a U.S. passport or another federally approved form of identification. Until the deadline, a Standard New Jersey driver license is valid for air travel within the U.S. Do I need a REAL ID?

How much is a fine for a fake ID in New Jersey? ›

Displaying a false document is a third-degree crime (felony). If found guilty, a person can face up to 5 years in prison and a fine of up to $15,000. Thankfully, this harsh penalty is not usually applicable to juveniles (see below). viction means facing up to 18 months in prison and a fine of up to $10,000.

Is New Jersey a real ID state? ›

In New Jersey: The state started issuing the Real ID in September 2019.

How many people have fake IDs? ›

In 2021, about 32.2% of college students admitted to possessing a fake ID, according to The Law Offices of Scott J.

What happens if you get caught with a fake ID in Miami? ›

Penalties for Possession of a fake ID

The unlawful possession of a driver's license or identification card(s) is a third-degree felony punishable by up to 5 years in prison, 5 years of probation and/or a $5,000 fine. If it's your first offense you could face up to 1 year in jail and a fine of up to $1,000.

Is having a fake ID a felony in Tennessee? ›

To the surprise of many, a charge of false identification is a Class A misdemeanor and carries a possible sentence of up to 11 months and 29 days behind bars.

What's the worst that can happen with a fake ID? ›

The penalties for a conviction for using a fake ID as a misdemeanor include a fine of up to $1,000 and imprisonment in a county jail for up to a year. A felony conviction may lead to three years in state prison.

What is the punishment for fake ID in America? ›

Misdemeanor possession of a fake ID may be punished by up to 1 year in jail, summary probation, community service, and/or monetary fines up to $1,000. Felony possession of a fake ID may be punished by up to 3 years in state prison, formal probation, community service, and/or monetary fines up to $10,000.

Is it illegal to own a fake ID in the US? ›

The possession or use of false identification is a crime by itself, and if you use the ID to do something illegal, you can face additional charges and penalties for the illegal activity.

Are fake IDs scannable? ›

Counterfeit IDs sold through the most popular online platforms will all return as valid when scanned. The majority of ID scanners used today rely solely on these tests alone, most fake IDs in circulation are passing as true when scanned.

What is the meaning of fake ID? ›

Lending or letting someone else use your state ID or driver's license; • Pretending that someone else's state ID or driver's license is your own; • Possessing a “fictitious” state ID or driver's license (“fictitious” means a license issued by a state/federal/local office containing untrue information); • Providing any ...

Which technique is best for determining validity of an ID? ›

The California ABC identifies scratching the surface of the ID with your finger nail as the most effective way to determine if an ID is real. This should be your first move when checking identification.

How illegal is having a fake? ›

What Are the Penalties For Violating California's Fake ID Law? In California, possession of a fake ID is a wobbler. This means that it can be a misdemeanor or a felony, depending on the circ*mstances. Factors that can influence the charge include your criminal record and the type of forgery you intended to commit.

What happens if you get caught with a fake ID in New Jersey? ›

In addition, it's not only unlawful to use a fake ID, but it is also unlawful just to be in possession of a fake ID. This is considered a fourth-degree crime in the state of New Jersey. Penalties include up to 18 months in jail and a fine of up to $10,000.

What crimes have no statute of limitations in New York? ›

Some offenses such as rape and murder have no statute or limitations. Most felony offenses have a five year statute of limitations period. Misdemeanor offenses have a two year statute of limitation period, while petty offenses generally have a one year statute of limitations.

What happens if you get caught with a fake ID in the Bahamas? ›

The notice from the DMV will offer you a waiver to admit guilt and receive a 90 day suspension. If you go to the hearing to fight your suspension and are found guilty, your license can be suspended for one year.

Can I go to jail for something I did years ago? ›

Under California Penal Code 801 PC, felonies (or offenses punishable by imprisonment) have a statute of limitations of three years. Less severe charges involving misdemeanors have an SOL of one year (in general).

Is NY statute of limitations 6 years? ›

Statute of Limitations
CaseTime Since
Contract in writing6 years
Contract oral or not in writing6 years
Debt collection3 years *If the company is based outside of New York State, the statute of limitations may be even shorter depending on that state's statute of limitations.
Emotional distress (intentional)1 year from act
32 more rows

How long does NYS have to indict? ›

The Prosecutor has six months to indict a Defendant for a felony charge. if the Grand Jury indicts the defendant, then the felony case is on the trial track. Time lines and procedural guidelines must be followed by the court.

Should you use a fake name on a fake ID? ›

No. A fake ID is an illegal item. Use a made-up name.

References

Top Articles
Latest Posts
Article information

Author: Greg O'Connell

Last Updated:

Views: 5229

Rating: 4.1 / 5 (42 voted)

Reviews: 81% of readers found this page helpful

Author information

Name: Greg O'Connell

Birthday: 1992-01-10

Address: Suite 517 2436 Jefferey Pass, Shanitaside, UT 27519

Phone: +2614651609714

Job: Education Developer

Hobby: Cooking, Gambling, Pottery, Shooting, Baseball, Singing, Snowboarding

Introduction: My name is Greg O'Connell, I am a delightful, colorful, talented, kind, lively, modern, tender person who loves writing and wants to share my knowledge and understanding with you.