What are the Possible Penalties for Possession of Fake ID?

It seems having a fake ID is a rite of passage. It is now, and it has been for thirty years. Kids start getting them in high school and keep them until they reach 21. For a while, bars and clubs got pretty strict about confiscating them. However, there are always places that let people in no matter how unbelievable the fake ID may be.

South Carolina Fake ID Laws

There are actually laws against having a fake ID in South Carolina. People don’t realize that there are severe consequences to getting caught with a fake ID. In South Carolina, you can get sentenced to up to 30 days in jail for:

  • Attempting to gain entrance into a club that serves alcohol using a fake ID
  • Attempting to buy alcohol with a fake ID
  • Possessing a canceled, revoked, suspended or fraudulently altered ID

Additional offenses will result in up to 6 months in jail. You can also be convicted of this offense if you use someone else’s license to commit a crime.

False Identification Charges

There are additional charges and penalties if you’re caught in possession of alcohol and a fake ID. If convicted of these offenses, you can be punished with a license suspension of up to 1 year. You can also be charged with either a misdemeanor or a felony depending on the circumstances. Both types of offenses carry stiff penalties. Convictions for possession of alcohol or a fake ID will stay on your criminal record

The same charges apply if you’re caught with a fake ID and drugs. Drug offenses may carry higher penalties than alcohol, depending on your case. If you are caught with either drugs or alcohol while driving, it will lead to severe charges.

Other Consequences of a Fake ID Charge

If you are charged with having a fake ID, you will have to worry about more than just legal penalties. A false identification charge will stay with you. Even if you’re not convicted, the arrest will haunt you. It will be on your criminal record. It will also come up in background checks for employment and licensing. Having this conviction on your record could result in:

  • Denial of a scholarship
  • Loss of professional license
  • Loss of job
  • Denial of future employment
  • Prohibition from working in certain industries
  • Ineligibility to sit for certain exams (I.e. bar exam, nursing boards, etc.)

Even if you get the charges expunged later, the damage they can cause in the meantime is serious.

To get a charge expunged, it takes time and money. You have to wait a certain period after the charge to apply for the expungement. You also have to hope that the charges are the type that can be expunged. Some charges are not eligible for expungement. The charges and arrest record will follow you until you are able to get them successfully expunged.

Why You Need a Clemson Criminal Defense Lawyer

If you or your teen are charged with possession of a fake ID, you will need a criminal defense lawyer. Do not wait until the day before court to call a lawyer. You need to have your defense prepared well before your court date.

Your attorney will need to meet with you to go over your case. He will need to negotiate with the prosecutor. He will want to request and get discovery from the prosecutor’s office. In order to defend you, your Clemson criminal defense lawyer needs to know the full picture.

Your attorney’s ability to negotiate a dismissal or plea bargain will depend on the evidence against you. If it is your first offense and the evidence is weak, you may be able to get the charges dismissed. If the charges aren’t dismissed, you may be able to get probation or a conditional discharge.

Contact a Criminal Defense Lawyer in Clemson

There is a lot at stake for your teen if they are caught with a fake ID. They face fines, court fees and jail time. They risk serious damage to their future. If your teen is charged with possession of a fake ID, contact a criminal defense lawyer in Clemson immediately. The initial consultation is free.

Your criminal defense lawyer will answer any questions you may have. They will work hard to get the charges dismissed or at least reduced. They will negotiate with the prosecutor on your behalf to avoid jail time. With so much at stake, you definitely want an experienced professional by your side.