Being charged with possessing or using a fraudulent ID in New Jersey is a serious criminal offense with consequences that extend far beyond a simple fine. A conviction can result in a permanent criminal record, significant jail time, and a mandatory suspension of your driver’s license. For students, professionals, and young adults, this can jeopardize educational opportunities, future employment, and your reputation.

If you or your child has been charged with a fake ID offense in New Jersey, you need a defense attorney who understands the gravity of the charge and knows how to navigate the state’s complex legal system. Brett M. Rosen, Esq., Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, provides aggressive, strategic defense for individuals facing these serious allegations. He is committed to protecting your rights and fighting for the best possible outcome.

Understanding Fraudulent ID Charges in New Jersey (N.J.S.A. 2C:21-2.1)

In New Jersey, a fake ID charge is not a minor infraction. Depending on the circumstances, it is prosecuted as an indictable crime (a felony). The specific degree of the crime and the corresponding penalties depend on your alleged conduct.

• Possessing a Fraudulent ID (N.J.S.A. 2C:21-2.1d): Simply having a fake government-issued document (like a driver’s license or birth certificate) in your possession is a Fourth-Degree Crime.

• Exhibiting or Using a Fraudulent ID (N.J.S.A. 2C:21-2.1c): Knowingly displaying or showing a fake ID to another person (e.g., a bouncer or cashier) is a Third-Degree Crime.

• Manufacturing or Selling Fraudulent IDs (N.J.S.A. 2C:21-2.1a): Knowingly selling, offering for sale, or possessing fake IDs with the intent to sell them is a Second-Degree Crime. Possessing the materials or devices to create them is also a second-degree offense.

It is important to note that if an individual under 21 uses a fake ID solely for the purpose of purchasing alcohol or tobacco, the charge may be downgraded to a disorderly persons offense, which is handled in municipal court. However, this is not guaranteed and often requires skilled negotiation by an experienced attorney.

Penalties for a Fraudulent ID Conviction

The penalties for a conviction are severe and are directly tied to the degree of the crime.

• Second-Degree Crime: 5 to 10 years in New Jersey State Prison and fines up to $150,000.

• Third-Degree Crime: 3 to 5 years in state prison and fines up to $15,000.

• Fourth-Degree Crime: Up to 18 months in state prison and fines up to $10,000.

Mandatory Driver’s License Suspension: In addition to the penalties above, any conviction under the fraudulent ID statute requires a mandatory driver’s license suspension of between 6 months and 2 years. This applies even if a motor vehicle was not involved in the offense.

Strategic Defenses to a Fraudulent ID Charge

An arrest is not a conviction. The prosecution must prove every element of the offense beyond a reasonable doubt. Brett M. Rosen, Esq., will meticulously investigate every aspect of your case to build a powerful defense. Common strategies include:

• Illegal Search and Seizure: If the police obtained the fraudulent ID through an unconstitutional search of your person, wallet, purse, or vehicle, the evidence may be suppressed and cannot be used against you in court.

• Lack of Knowledge or Intent: The prosecution must prove you knowingly possessed or used a fraudulent document. If you were unaware the ID was fake or had no intent to use it, this can be a strong defense.

• The ID Was Not in Your Possession: The state must prove you had actual or constructive possession of the ID. If it was found in a location where others had access, it can be argued that it did not belong to you.

• Chain of Custody Issues: The police must properly handle and maintain all evidence from the moment it is seized. Any break in the chain of custody can compromise the integrity of the evidence.

• Negotiating for a Downgrade: For young adults and college students, a key strategy is to negotiate with the prosecutor to have the indictable charge downgraded to a municipal disorderly persons offense for misrepresenting one’s age (N.J.S.A. 33:1-81), which carries lesser penalties.

Frequently Asked Questions (FAQs)

Q: Can I be charged if I never even used the fake ID? A: Yes. Under New Jersey law, simply possessing a fraudulent government document is a fourth-degree felony, even if it was never shown to anyone.

Q: I’m a college student with a clean record. What are my options? A: A primary goal will be to avoid a felony conviction that could ruin your future. An experienced attorney can negotiate for a downgrade to a municipal offense or seek admission into a diversionary program like Pre-Trial Intervention (PTI). Successful completion of PTI results in the dismissal of the original charges.

Q: What is the difference between a fourth-degree and third-degree fake ID charge? A: The difference is action. A fourth-degree charge is for mere possession (having it in your wallet). A third-degree charge is for taking the next step and exhibiting, displaying, or uttering the ID to someone.

Q: Will I really lose my driver’s license? A: A conviction for possessing, using, or selling a fraudulent ID under N.J.S.A. 2C:21-2.1 carries a mandatory license forfeiture of at least 6 months. Avoiding this penalty requires avoiding a conviction for the underlying offense.

Q: What should I do if police find a fake ID on me? A: You have the right to remain silent. Do not admit the ID is yours or that you knew it was fake. Politely tell the officer you will not answer any questions and wish to speak with an attorney immediately.

Don’t Let a Mistake Define Your Future – Contact Brett M. Rosen, Esq.

If you are facing a fraudulent ID charge in New Jersey, the stakes are too high to face it alone. You need an attorney who will fight to protect your record, your license, and your future opportunities. Brett M. Rosen, Esq. has the experience and dedication to guide you through this difficult time and build the strongest possible defense.

Call today for a free and confidential consultation to discuss your case. 908-312-0368 & brett@nynjcriminalcivilesq.com

Office address: 100 Jefferson Avenue, Suite 301, Elizabeth, NJ 07201

Disclaimer: This website provides general information and is not intended to be legal advice. The information on this page does not create an attorney-client relationship. You should not act or refrain from acting based on this information without seeking professional legal counsel specific to your situation and jurisdiction. Prior results do not guarantee a similar outcome.