Criminal Law Questions? Ask a Criminal Lawyer.
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?
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.
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