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Defending an Arrest for Using a Fake ID in Massachusetts

Posted on : May 15, 2018, By:  Tom Kokonowski, Esq.
Fake ID Defense Attorney in Massachusetts

Fake ID Defense In Western Massachusetts

It’s not uncommon for college students — and sometimes high school students — to obtain a fake ID for the purpose of purchasing alcohol or to get into clubs. However, getting caught with a fake ID can be detrimental. The penalties are stiff and can leave you with a criminal record that makes it more difficult for you to graduate, transfer schools, or get a job. Here’s what you need to know about defending yourself against charges of possessing false identification.

What Prosecutors Need to Prove

Like with any criminal case, the burden of proof is on the prosecution. They must be able to prove a number of things in order for your charges to stand. For example, they must be able to show the court that:

  • You knowingly transferred, altered, or defaced a legal identification card; or
  • You knowingly carried, distributed, made, used, or sold a legal identification card; or
  • You knowingly used a legal identification card belonging to someone else; or
  • You knowingly furnished false information to the entity issuing you a legal identification card

Identification cards can be a legal picture ID or a motor vehicle license.

Possible Defenses to a Fake ID Charge

There are many defenses to charges of possessing a fake ID. Your criminal defense attorney will go over the circumstances of your case to determine which make the most sense in your case. For example, your attorney could suggest to the court that:

  • The ID actually is yours. Perhaps the officer who arrested you believed the person in the picture was not you because you look different now. You may be able to use other records to prove the ID is yours.
  • You did not know you were in possession of a fake ID. The prosecution must prove that you knew the ID was fake — perhaps a friend switched their ID with your ID in your wallet or pocket without you knowing about it.
  • You had no intention of using the ID for an illegal purpose. Perhaps you made a fake ID for a school project but had no intention of purchasing alcohol with it or using it in any way.

Were You Charged With Possession of a Fake ID?

If you were arrested for possessing false identification, it’s important that you have a strong legal defense. Contact the Law Offices of Thomas Kokonowski, Esq. today to learn more about your legal options. Call now at (413) 585-9200.