In a town like Charleston, where college students can walk to an array of bars, it is very common for underage students to possess a fake ID. The fact that “everyone is doing it” never holds up in Court, so it’s important to understand the consequences of being charged with Possession of Fake Identification.
The charge itself is a misdemeanor punishable by up to 30 days in jail and/or a fine, and most importantly, is considered a criminal offense, thus a conviction can not only land you in jail, but will appear on your criminal history report on any grad school or employment background check. A criminal conviction, even a misdemeanor such as this, can have many negative implications on your future.
What is a Fake ID?
The SC Code of Laws defines it as “any canceled, revoked, suspended, or fraudulently altered driver’s license or personal identification card,” which means you can be charged under this statute even if it has your own picture and name on it if you altered the date of birth or obtained it from an illegal source. Another example would be if you lied about your date of birth at the DMV. This is explained in South Carolina Code Section 56-1-510, “Unlawful use of license; fraudulent application.”
Typically, Fake ID charges result from using someone else’s ID as your own. See SC Code Section 56-1-515, “Unlawful alteration of license; sale or issuance of fictitious license; use of another’s license or other false documentation to defraud or violate law; violations and penalties.”
It is also illegal to knowingly lend your driver’s or personal identification card to another person. In other words, both the person that gives the ID to someone else and the person that uses the ID can be charged with a crime.
If you or your child is facing a charge for this type of crime, do not compound the mistake by taking it lightly. Taking immediate action is paramount to defending your rights and protecting your future.
Please feel free to call or email me if you have questions about a Fake ID charge.