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Gainesville Possession of a Fake ID

Possession of a Fake ID

Many high school and college students do not realize that possessing a fake ID card can lead to an arrest for a felony offense under Florida law. In many of these cases, the student will purchase or make their own ID card that has an altered or forged name or date of birth. The general purpose of possessing the fake ID is to gain entry into a club or bar. The student can also be charged if he or she possesses an identification card that belongs to another person, whether that ID card was altered or not.

In addition to answering the felony or misdemeanor charges in a criminal court, the student is often subject to a college student disciplinary hearing at their college or university, even when the crime occurred off campus. This can lead to serious consequences, including academic probation, exclusion from campus events, removal from athletic teams, and even expulsion.

Gainesville Possession of a Fake ID Defense Attorney

When a law enforcement officer with the campus police department (i.e. The University of Florida Police Department), the Gainesville Police Department, or the Alachua County Sheriff's Office investigates an allegation that a student possessed a fake ID, the details of that investigation are often forwarded to officials at the college. These college officials may then begin a disciplinary action against the college student. UF treats such allegations seriously.

Contact an attorney at the Galigani Law Firm to discuss the facts and circumstances of your case. Our attorneys are experienced in representing students charged with this serious offense in the criminal courts and also during disciplinary hearings at the University of Florida. Call (352) 375-0812 for a free, confidential consultation. With what you stand to potentially lose, it's important to understand your legal options and minimize or eliminate the repercussions for your alleged possession of a fake ID offense.


Fake ID Information Center


History of Florida's Fake ID Laws

On October 1, 1997, the Florida legislature amended Florida's "fake ID" statutes to make it clear that possession of any fake or false driver's license or identification card was punishable as a felony. Under Florida Statute Section 322.212, the charge is punishable by up to five (5) years in prison and a $5,000 fine.

A second-degree misdemeanor crime can be charged when it is alleged that a person lets another person borrow his or her driver's license or state-issued ID card. This second-degree felony is punishable by 60 days in jail and / or a $500 fine. Additionally, the charge also carries a possible driver's license suspension for one year. See Florida Statute Section 322.051, 322.32 and 322.27.


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Florida Statute Section 322.212 - Unauthorized Possession of a Driver's License or ID Card

The felony version of the offense can be charged if a person possesses or uses a driver's license or ID card that is fake because it is:

  • forged;
  • stolen;
  • counterfeit;
  • fictitious;
  • blank; or
  • unlawfully issued.

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Related Fake ID Charges under Florida Law

Florida Statute Section 322.212(2) makes it a crime to sell or give away a fake ID or fake driver's license to another.


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Florida Statute Section 322.32 - Unlawful Use of a Suspended Driver's License

The misdemeanor version of the crime can be charged if anyone possesses or displays (or permits another person to display) a driver's license when the person has knowledge that the driver's license has been:

  • suspended;
  • canceled;
  • revoked;
  • or disqualified.

The prosecutor can attempt to prove the "knowledge" element by showing:

  • The person charged with the offense has been cited under Florida Statute Section 322.34 with driving while license suspended, revoked, canceled, or disqualified and that suspension remains in effect at the time of the possession;
  • The person tells the law enforcement officer that he or she knows that the driver's license has been revoked, suspended, or canceled;
  • The person received actual notice of the suspension, revocation or cancellation;
  • Under certain circumstances, even proof that the person received "constructive notice" of the suspension, revocation or cancellation might be sufficient.

It is also a crime under this section to lend another person a suspended driver's license and knowingly permit the other person to use the license.


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Additional Information on Fake ID Laws in Florida

Consequences of Using a Fake / False ID - Information provided the University of Florida Police Department, Community Services Division, regarding information for students on the consequences of possessing a fake ID.

Alcohol and Fake ID Issues – The Multicultural Student Center of Santa Fe College has compiled a series of frequently asked questions related to underage alcohol consumption and illegally forged identification.

St. Leo University Code of Conduct – Saint Leo University's Code of Conduct contains penalties and punishments for various offenses, including underage drinking and possession of a fake ID. Sanctions given by the university may include community service, parental notification, and alcohol counseling.


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Galigani Law Firm | Florida Forged ID Defense Lawyer

The attorneys at Galigani Law Firm understand the serious nature of this criminal charge and the collateral consequences for college students. Call (352) 375-0812 to discuss the particular facts and circumstances of your case today for any Fake ID case in Gainesville, Ocala, Lake City or the surrounding communities with an experienced Gainesville defense attorney.