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Possession of Fake ID

Many minors who want admission to certain clubs or to simply be able to purchase alcoholic beverages will acquire fraudulent forms of identification in order to accomplish these goals. While fake identification (ID) cards are treated as a “rite of passage” not only by teenagers but some parents as well, unauthorized possession of a driver’s license or state ID is a criminal offense in Florida.

Depending on the nature of its alleged use, possession of a fake ID can be a misdemeanor or felony offense. In addition to criminal charges, students at local colleges can also be subject to disciplinary hearings that can result in possible suspension or even expulsion.

Lawyer for Possession of Fake ID Arrests in Miami-Dade County, FL

Were you or your child arrested for alleged illegal possession of a state ID or driver’s license in South Florida? Do not say anything to authorities without legal counsel. Contact The Hoffman Firm as soon as possible.

Evan A. Hoffman is an experienced criminal defense attorney in Miami who represents clients accused of juvenile offenses in Miami Beach, Coral Gables, Hialeah, North Miami, Aventura, and many surrounding areas of Miami-Dade County. Call (305) 249-0090 right now to have our lawyer review your case and help you understand your legal options during a free, confidential consultation.


North Miami Possession of Fake ID Information Center


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Florida Possession of Fake ID Charges

Florida Statute § 322.212 makes it a second-degree misdemeanor for any person to:

  • Use a false or fictitious name in any application for a driver license or identification card or knowingly to make a false statement, knowingly conceal a material fact, or otherwise commit a fraud in any such application; or
  • Have in his or her possession a driver license or identification card upon which the date of birth has been altered.

Under the same statute, it is a third-degree felony for any person to:

  • Knowingly have in his or her possession or to display any blank, forged, stolen, fictitious, counterfeit, or unlawfully issued driver license or identification card or any instrument in the similitude of a driver license or identification card unless possession by such person has been duly authorized by the Florida Department of Highway Safety and Motor Vehicles (DHSMV);
  • Knowingly have in his or her possession any instrument in the similitude of a driver license issued by the Florida DHSMV or its duly authorized agents or those of any state or jurisdiction issuing licenses recognized in this state for the operation of a motor vehicle;
  • Knowingly have in his or her possession any instrument in the similitude of an identification card issued by the Florida DHSMV or its duly authorized agents or those of any state or jurisdiction issuing identification cards recognized in this state for the purpose of indicating a person’s true name and age;
  • Knowingly sell, manufacture, or deliver, or knowingly offer to sell, manufacture, or deliver, a blank, forged, stolen, fictitious, counterfeit, or unlawfully issued driver license or identification card, or an instrument in the similitude of a driver license or identification card, unless that person is authorized to do so by the Florida DHSMV;
  • Barter, trade, sell, or give away any driver license or identification card or to perpetrate a conspiracy to barter, trade, sell, or give away any such license or identification card unless such person has been duly authorized to issue the license or identification card by the Florida DHSMV as provided in this chapter or in the adopted rules of the department; or
  • Agree to supply or to aid in supplying any person with a driver license or identification card by any means whatsoever not in accordance with the provisions of this chapter.

Florida Statute § 322.212(3) also makes it a third-degree felony for any employee of the Florida DHSMV to allow or permit the issuance of a driver license or identification card when he or she knows that the applicant has not lawfully fulfilled the requirements of this chapter for the issuance of such license or identification card.


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Possession of Fake ID Penalties in Miami

Second-degree misdemeanor convictions for unauthorized possession of or other unlawful acts in relation to driver licenses or ID cards are punishable by up to 60 days in jail and / or fines of up to $500. Third-degree felony convictions are punishable by up to five years in prison and / or fines of up to $5,000.

Florida Statute § 322.27 also establishes that the Florida DHSMV can suspend the license or ID card of any person without preliminary hearing upon a showing of its records or other sufficient evidence that the licensee or cardholder permitted an unlawful or fraudulent use of the license or ID card or has knowingly been a party to the obtaining of a license or identification card by fraud or misrepresentation or to the display, or representation as one’s own, of a driver license or ID card not issued to him or her. A driver’s license may be typically suspended for up to one year, and Florida Statute § 322.212(7) also states that any person who provides false information when applying for a commercial driver license (CDL) or commercial learner’s permit or is convicted of fraud in connection with testing for a CDL or commercial learner’s permit will be disqualified from operating a commercial motor vehicle for a period of one year.


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Florida Possession of Fake ID Resources

Identity Theft & Driver License Fraud Protection | Florida DHSMV — Visit this website to learn more about driver license fraud. You can view samples of a Florida ID Card, Florida Driver License, Florida Under 21 ID Card, and Florida Under 21 Driver License. You can also find information for victims of identity theft.

How to Spot a Fake Florida ID | Florida Notary Blog — Notary Public Underwriters provides bonding services and produces stamps and embossing products in Florida. This article discusses some of the features of identification documents in the state that notaries should look for when examining driver’s licenses or ID cards. Learn more about the edges of these cards, the “ghost photograph” on a Florida ID, and magnetic strips.


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The Hoffman Firm | Miami Possession of Fake ID Defense Attorney

If you or your child were arrested in South Florida for alleged possession of a fake ID or some other alleged crime relating to a driver’s license, it is in your best interest to immediately seek legal representation. The Hoffman Firm defends minors accused of juvenile crimes in communities throughout the greater Miami-Dade County area, including South Miami, Doral, Homestead, Key Biscayne, Miami, Opa-locka, and many others.

Miami criminal defense lawyer Evan A. Hoffman will fight to help you achieve the most favorable outcome to your case that carries the fewest possible penalties. He can provide a complete evaluation of your case as soon as you call (305) 249-0090 or submit an online contact form to schedule a free initial consultation.


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Free Consultation

All fields are required. The use of this form for communication with our personnel does not establish an attorney-client relationship.

Evan A. Hoffman

Evan A. Hoffman

Mr. Hoffman’s philosophy is "our knowledge and experience is your best defense." He has been a featured author on criminal law issues such as driving under the influence, domestic violence and illegal searches.

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If you received any kind of traffic violation in the Miami area call The Hoffman Firm today.

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