State College Fake ID Attorney
State College criminal defense lawyer Jason S. Dunkle has been representing Penn State students and visitors that have been charged with Fake ID and related offenses since 2004, meaning he has handled thousands of these cases. Fake ID charges go hand in hand with Underage Drinking, Attempted Purchase of Alcohol, and Misrepresentation of Age to Purchase Alcohol. Most of these cases are filed as summary offenses under 18 Pa.C.S. 6310.3, so not a misdemeanor or felony. However, in some situations, often ones involving multiple fake IDs or a very uncooperative suspect, the officer can file a misdemeanor violation under 75 Pa.C.S. 1571.
Fake ID Charges Are Crimes of Dishonesty (Crimen Falsi)
While Fake ID offenses are often filed as a summary offense, they are slightly more severe or negative on a criminal record because they are considered crimen falsi, or crimes involving dishonesty, fraud, or deceit. This places them in the same legal category as theft, forgery, and perjury. Unlike other student-related offenses such as underage drinking, DUI, or minor marijuana possession — which some employers may overlook — a conviction for a dishonesty-based offense can seriously jeopardize your job prospects, particularly in fields like finance, law, education, or government service.
Some judges also require that a person charged with Carrying a False Identification Card or Misrepresentation of Age are fingerprinted and photographed. If the judge issues a Fingerprint Order, the order mandates that the person is printed. Failure to get printed would be a violation of the court order, and judge do not like it when their orders are ignored.
How to Avoid a Fake ID Conviction
Many people contact me and hope to fight the charges and get a dismissal or not guilty verdict. While fighting is always an option, it often is not a good option. The Fake IDs are often being used at a bar or six pack shop, and those business have cameras, so the suspect is on video possessing and using the ID. Most of the IDs are run through a scanner by the business, so the information on the license is in the system, and many Fake IDs have the person’s actual information correct except for the date of birth. Simply stated, it is easy for the police to track down a photo of the suspect and match it to the person on the video.
Instead of fighting these cases, we often reach an agreement with the officer and judge to resolve the matter via a diversionary program. Instead of going to a trial that we are unlikely to win, the case is diverted from the trial path. With such programs, the judge agrees to dismiss some or all of the charges if the client completes certain things. In State College, there are three judges that handle the vast majority of these cases, and their program requirements are slightly different, but the generally require:
Payment of court costs – technically there are no fines because the person is not convicted – costs often range from $225 to $350 depending upon the number of charges
Community service – often 8 to 20 hours is typical, but the number can be higher in more extreme cases
Drug/alcohol education programs (in some cases) – one judge often requires completion of an alcohol program
Expungement Destroys Records
Important: Completion of a diversionary program results in a dismissal of some or all of the charges, but a dismissal does NOT destroy the records. A dismissed case should be moved to “limited access”, but limited access does not mean that the records are destroyed. Limited access means that the records still exist but are not accessible to the public at large. The records can be viewed and considered by the police, prosecutors, and judges in the future. If the person goes through the expungement process, then ALL records are destroyed, including the fingerprints and mugshot. If all the records are destroyed, then no one can view a record that does not exist.
Contact an Experienced State College Fake ID Attorney For a Free Consult
For a free case review, contact JD Law by email or leave a message at (814) 689-9139. Email is the preferred method of communication, as phone calls are directed to voicemail due to the high volume of spam and unsolicited calls.