The plan was a concert on South Beach, or a night out near campus. A bouncer looked at the card a little too long, called an officer over, and now your son or daughter has a police report with the words “fake ID” on it.
Your child may say everybody has one. You may assume the only problem is being underage. Florida law sees it differently. The kind of card and what your child did with it decide whether this is a misdemeanor or a felony.
Why a fake card can be a felony
Florida Statute 322.212 covers unauthorized possession and other unlawful conduct involving driver licenses and identification cards. It prohibits knowingly possessing or displaying forged, fictitious, counterfeit or otherwise unlawfully issued licenses and ID cards, as well as making, selling and delivering them. Its general penalty is a third-degree felony, with specific exceptions.
For an adult, a third-degree felony carries up to five years in state prison under Florida Statute 775.082. That is why “I just wanted to get into the club” does not describe the legal problem. The lawyer needs to see the card, the conduct and the exact subsection charged.
The altered birth date exception
Section 322.212(6) creates a second-degree misdemeanor for certain conduct, including possessing a license, identification card or similar document on which the date of birth has been altered, and certain false-age statements on an application.
That exception matters, but it is narrow. A card that was made from scratch is not the same as a real card with a changed birth date. Ask which subsection is in the report and what evidence supports it. A careful look at the actual card can reveal a dispute that the words “fake ID” hide.
Borrowing a real license is a different problem
Sometimes the card is real. It just belongs to an older sibling or friend. Florida Statute 322.32 makes certain unlawful uses of a license second-degree misdemeanors, including displaying someone else’s license as your own and lending your license for someone else to use.
So the friend who lent the license may have exposure too. Tell your lawyer exactly how the card came into your child’s hands and what your child did with it. Do not explain any of this to investigators before getting advice.
An 18-year-old is not a juvenile
Parents often say “teen” about an 18 or 19 year old. The courts do not. Juvenile court jurisdiction depends on the person’s age on the date of the alleged offense. If your child is 17, our Miami juvenile defense page explains the juvenile process. A college student who is already 18 faces an adult case, even if you still pay the tuition.
For a young adult facing a felony, Florida Statute 958.04 allows a judge to sentence a qualifying person as a youthful offender. It has conditions and exclusions, and it is the judge’s decision, not an automatic benefit for anyone under 21. Our youthful offender page explains how it works.
The stop itself deserves a close look
Ask the lawyer to get the incident report, any body camera or security video, and photos or a description of the card. Where was the card found? What did the officer see? Did your child say anything about knowing the card was fake? Was the stop and search lawful?
Keep ordinary messages and any purchase or shipping information. Do not delete anything. Do not contact a seller to close an account, and do not ask friends to agree on a story. If police have the card, do not try to get it back informally.
Watch for other charges riding along
A fake ID case rarely shows up alone. Alcohol, driving, using another person’s identity or selling cards to others can each bring in other statutes. Identify every accusation early so nothing gets overlooked.
The school or university case
Colleges have their own student conduct processes, and high schools have their own rules. Ask for the written notice and the policy being applied. A prosecutor’s decision does not control a university’s review, and a disciplinary meeting is not a substitute for court.
If a meeting is scheduled, tell the defense lawyer before your child turns in a written account. A statement about the same incident can show up in the criminal case. If the incident happened on a high school campus, our article on arrests at school explains how school discipline and court interact.
Who will handle your child’s case
Whether your child is 17 and in juvenile court or 19 and in adult court, our team includes lawyers who have worked in Miami-Dade’s courts as a judge, a prosecutor and a public defender. Stephen Millan, Esq. is a former Miami-Dade Circuit Court Judge who presided over hundreds of criminal and juvenile cases, and a former Miami-Dade Assistant State Attorney. Arthur Spiegel, Esq. is a former Miami-Dade Assistant Public Defender in the juvenile and criminal divisions who has represented hundreds of juveniles in criminal cases, with more than 40 years of experience. Jorge E. Alonso, Esq. has defended the accused in Miami-Dade state and federal courts for more than 40 years, has tried more than 100 jury trials to verdict and has represented juvenile respondents in delinquency cases. Jonathan Ibáñez, Esq., a bilingual criminal defense trial lawyer and a native of South Florida, served as a volunteer Guardian ad Litem in Broward County, where he interviewed children and families and advocated for children in dependency proceedings. Albert Quirantes, Esq. is a criminal trial lawyer with 38 years of experience who has defended numerous juvenile cases in Miami-Dade County. Learn more on our attorneys page.
Bring the citation or arrest paperwork, your child’s age and every notice to the first meeting. If the arrest record becomes the next worry, our article on juvenile record expunction explains what can be done for a juvenile case.
For more information or help, schedule a free strategy session at the law offices of Albert Quirantes, Esq. Criminal DUI & Ticket Lawyers. Text or call 305-644-1800 now.
