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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
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Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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What type of offense is a fake ID charge in Pennsylvania

Resolved Question:

What type of offense is a fake ID charge in Pennsylvania?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 4 years ago.
Carrying a false identification card is (18 PA CSA 6310.3) which states:

"A person commits a summary offense for a first violation and a misdemeanor of the third degree for any subsequent violation if he/she, is under 21 years of age and possesses an identification card that falsely identifies the person as being 21. It is also a violation to use the identification card of another individual.

Minimum penalty is a fine not more than $500 plus court costs

Possible sentence could include:

* $300 fine for a first offense
* $500 fine for a second or subsequent offense
* Up to 90 days in jail
* Loss of driving privileges for 90 days for a first offense, one year for a second offense and two years for a third offense

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If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your Atate for specific legal advice.
Customer: replied 4 years ago.

Is the 90 days in jail only for subsequent charges, or could that be given for a first offense?

 

The defendant did not attempt to use the "fake ID". He simply possessed it and it was found in his room. Could the above charges still apply?

Expert:  Zoey_ JD replied 4 years ago.

Customer,

 

The first offense in this area is a summary offense. The defendant shouldn't have to worry about jail.

 

As you can see from the statute I quoted in my post, simply possessing a false ID is good enough to get a defendant charged with and potentially convicted of the offense. He need not have been caught actually trying to use it. There may, of course, be search and seizure issues involved with the finding of the card, but the defendant would have to be willing to go to trial on the matter in order to challenge the search.

 

This should be something that can be resolved without fear of a criminal record but it is always a good idea for a defendant in a criminal case to have a lawyer. As he's likely a student, he would probably be eligible for a free lawyer. He should ask the judge for a public defender.

 

___________

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your Atate for specific legal advice.

 



Edited by FranL on 4/1/2010 at 1:36 PM EST
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16033
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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