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Could I Go to Jail for Using Someone Else's ID?

 Posted on January 18, 2023 in Criminal Law

Naperville criminal defense attorneyThe legal drinking age in Illinois and the rest of the United States is 21. Individuals under 21 years of age cannot legally purchase alcohol or enter over-21 establishments like bars and nightclubs.

However, many young people test the waters by trying to get into these establishments or purchase alcohol before they are old enough. In many cases, they use a fake ID or an older friend's ID to do so.

Although it may seem like a minor offense to some, the mere act of possessing a fake identification card can lead to serious criminal charges. If you or your child were caught using a fraudulent ID, a criminal defense lawyer experienced in juvenile cases can help you understand what to expect and how best to proceed.

Possessing a Fraudulent Identification Card or Driver's License

It is against Illinois law to possess, use, or manufacture fake IDs. Depending on the nature of the offense, crimes related to fake identification cards can be felonies or misdemeanors.

In Illinois, it is a Class A misdemeanor offense to:

  • Use someone else’s identification card or driver's license
  • Possess documents that are used to obtain a fake driver's license or ID
  • Use a driver’s license with inaccurate identifying information
  • Allow another person to use your driver's license or ID
  • Modifying a driver’s license or ID

It is a Class 4 felony offense to:

  • Create false identification cards or driver’s licenses
  • Sell fake IDs or driver's licenses
  • Possess the equipment needed to create fake IDs

A conviction for a Class A misdemeanor carries a penalty of up to one year in jail and/or a fine of up to $2,500. A Class 4 felony conviction can result in a prison sentence of up to three years and/or a fine of up to $25,000.

It is important to note that if someone under 21 uses an older friend’s ID, the person who owns the ID may also face criminal charges.

If you or your child were arrested for using a fake ID or someone else's ID, you should contact an experienced criminal defense attorney right away. A lawyer can help you understand the charges, possible defenses, and potential penalties associated with the offense. An attorney may also be able to negotiate with prosecutors on your behalf to reduce or dismiss the charges against you.

Contact a DuPage County Criminal Defense Lawyer

If you or your child were charged with using a fake ID to get into a bar, manufacturing fraudulent driver's licenses, or allowing someone else to use your ID, contact Davi Law Group, LLC for help. Our knowledgeable Wheaton criminal defense attorneys can help you navigate the juvenile justice system and defend yourself against the charges. Call 630-580-6373 for a free, confidential consultation.

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