Miami Fake ID Attorney

Whether you or a loved one has been arrested or charged with possessing a fake ID, it is critical to consult an experienced Miami fake ID attorney as soon as possible to protect your rights. Possessing or using a fake driver’s license or identification card in Florida is illegal and can have serious consequences, including difficulties finding employment. Many young people may not realize the seriousness of this crime. If you have been charged with possessing a fake ID, it is essential to seek the help of an experienced attorney who can help you understand the charges against you and your potential defenses.

Florida Fake ID Laws

Florida Statute 322.212 governs unlawful possession, manufacture, transfer, and use of certain driver’s licenses and identification cards. It covers licenses and identification cards issued by Florida’s Department of Highway Safety and Motor Vehicles (DHSMV), as well as qualifying documents issued by other states or jurisdictions.

Florida Felony Fake ID Penalties & Offenses

Most violations of section 322.212 are third-degree felonies, generally punishable by up to five years in prison and a $5,000 fine. Subject to the misdemeanor exceptions discussed below, prohibited conduct includes:

  • Knowingly possessing or displaying a blank, forged, stolen, fictitious, counterfeit, or unlawfully issued driver’s license or identification card without authorization from DHSMV, or knowingly possessing a document made to resemble a government-issued license or identification card covered by the statute.
  • Knowingly selling, manufacturing, delivering, or offering to sell, manufacture, or deliver those documents without authorization from DHSMV.
  • Bartering, trading, selling, giving away, or conspiring to transfer a driver’s license or identification card without lawful authority to issue it.
  • As a DHSMV employee, permitting a license or identification card to be issued while knowing the applicant has not met the legal requirements.
  • Agreeing to supply, or helping supply, a license or identification card through unlawful means.
  • Using a false or fictitious name, knowingly making a false statement, knowingly concealing a material fact, or otherwise committing fraud in an application, subject to the false-age exception below.
  • Possessing a license or identification card with missing or altered required sexual predator or sexual offender markings when the person has that designation.

The statute expressly allows possessing or displaying another person’s driver’s license or identification card for a lawful purpose.

Florida Misdemeanor Fake ID Penalties & Offenses

Section 322.212(6) treats two specified violations as a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine: giving a false age in an application for a driver’s license or identification card, and possessing a driver’s license, identification card, or similar document on which the date of birth has been altered. This exception does not make every use of a fake ID to misrepresent age a misdemeanor; the document and conduct alleged determine which provision applies.

Also, if you provide false information when applying for a commercial driver’s license or permit, or if you are convicted of fraud related to testing for a commercial driver’s license or permit, you will be banned from operating a commercial motor vehicle for one year in addition to any other penalties.

Contact an Experienced Miami Fake ID Lawyer

A fake ID charge can put your record and future plans at risk. An attorney can review the document, the circumstances of your arrest, and the specific charge to identify possible defenses. If this is your first arrest, our page on defense options for first-time offenders explains possible paths to resolving the case. The options available depend on the charge, your history, and the facts.

CALL US NOW for a CONFIDENTIAL CONSULTATION at (305) 538-4545, or simply take a moment to fill out our confidential and secure intake form.* The additional details you provide will greatly assist us in responding to your inquiry.

*Due to the large number of people who contact us requesting our assistance, it is strongly suggested that you take the time to provide us with specific details regarding your case by filling out our confidential and secure intake form. The additional details you provide will greatly assist us in responding to your inquiry promptly and appropriately.

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