Possession Of Fake Id Minor Bpc 25661
Contents
- 1 You Got Caught With a Fake ID – Now What?
- 2 What is California Business and Professions Code 25661?
- 3 Other Consequences of Getting Caught With a Fake ID
- 4 Potential Defenses to Fight a Fake ID Charge
- 5 What to Do If You’re Facing Fake ID Charges
- 6 Fake ID Charges for Minors – The Basics
- 7 What Exactly is Considered a “Fake ID”?
- 8 What Scenarios Can Lead to Fake ID Charges?
- 9 What If I Didn’t Know It Was Fake?
- 10 What If I Was Already 21?
- 11 What If the Fake ID Was Obtained Illegally?
- 12 But I Didn’t Actually Use the Fake ID!
- 13 What If I Was Also Charged With MIP?
- 14 I’m a Student – Will This Affect My Education?
- 15 I’m Not a U.S. Citizen – Could I Face Immigration Issues?
- 16 What If I’m Under 18 – Could I Face Juvenile Charges?
You Got Caught With a Fake ID – Now What?
So, you got busted with a fake ID. It happens. But, take a deep breath. We’re here to help you understand what you’re facing and how to deal with it.First thing‘s first – let‘s look at the law you allegedly violated.
What is California Business and Professions Code 25661?
Under California Business and Professions Code 25661, it’s illegal for anyone under 21 to:
- Present a fake ID to a business for the purpose of buying alcohol or getting into an age-restricted venue
- Possess a fake ID, period
The code covers fake IDs that are completely fabricated, as well as real IDs that have been altered or borrowed from someone else.If you’re convicted of this misdemeanor offense as a first-time offender, you could face:
- A maximum $250 fine
- 24-32 hours of community service
For a second or subsequent offense, it goes up to:
- A maximum $500 fine
- 36-48 hours of community service
No jail time, but it creates a criminal record. And that’s just the start of the potential consequences.
Other Consequences of Getting Caught With a Fake ID
Beyond the direct penalties for violating 25661, there are some other major headaches you could be dealing with:
- Driver’s license suspension for 1 year, even if you weren’t driving
- Potential disciplinary action from your school, which can include suspension or expulsion
- A criminal record that could make it harder to get jobs, apartments, professional licenses, etc.
- Immigration issues for non-citizens
So, what do you do if you get hit with one of these things? It’s simple. Every single client deserves honesty and white glove service. At Spodek Law Group, we leave no stones unturned. We do everything possible to win. Everything we do is focused on getting you results.
Potential Defenses to Fight a Fake ID Charge
Just because you were charged doesn’t mean you’ll automatically be convicted. There are a number of potential defenses we can use to fight the case, such as:
- You didn’t know the ID was fake
- You had no intent to use the fake ID for any illegal purpose
- The ID was obtained through an illegal search/seizure
- You were actually over 21 at the time (which would make 25661 not apply)
The right defense depends on the specific facts of your case. That’s why we take a hands-on approach – researching every detail to build the strongest possible strategy.Our firm has excellent work ethics, and we constantly hold meetings to discuss all of our cases. In an emergency, we have a full team available to help you 24/7.
What to Do If You’re Facing Fake ID Charges
If you or your child has been charged with a fake ID violation, don’t go it alone. The consequences are too serious.Hire an experienced criminal defense attorney immediately. Many people are embarrassed about their situation and don’t want to talk openly about it. But we encourage full transparency so we can give you the best advice.At Spodek Law Group, we understand this is a difficult situation. Our criminal defense lawyers work hard to find a solution, regardless of the circumstances.We handle fake ID cases nationwide from our offices in NYC and Los Angeles. Schedule a consultation today to go over the details and let us start building a defense strategy.Prosecutors will only be fair if you fight back with skilled legal representation. Without an attorney, you could accidentally plead guilty when you had a chance to win. The only way to truly know is to hire a private criminal defense lawyer.Don’t let a fake ID charge derail your future. We’re here to help you get through this.
Fake ID Charges for Minors – The Basics
Now let’s dive deeper into the specifics of fake ID violations for minors under California law:
What Exactly is Considered a “Fake ID”?
Under 25661, a fake ID includes:
- Any completely fabricated ID
- A real ID that has been altered in any way
- Using someone else’s legitimate ID as your own
It doesn’t matter if the fake ID has accurate information like your photo and birthdate. If any part of it is false or misleading, it qualifies as a fake ID under the law.
What Scenarios Can Lead to Fake ID Charges?
Some common examples of situations where minors get charged include:
- Using an older sibling or friend’s real ID to buy alcohol or get into a bar
- Using a fake ID made with false information to make purchases
- Simply carrying a fake ID, even if you didn’t try to use it
As long as the ID meets the legal definition of “fake” and you’re under 21, just possessing it can be enough for charges.
What If I Didn’t Know It Was Fake?
A common defense is that you legitimately didn’t know the ID was fake or altered in any way. Maybe a friend gave it to you claiming it was real.If we can show you had no knowledge it was fake, we may be able to get the charges reduced or dismissed entirely. The prosecution has to prove beyond a reasonable doubt that you knew it was fake.
What If I Was Already 21?
If you were actually 21 or older at the time of the incident, then 25661 doesn’t apply since it’s specifically for minors.However, you could still potentially face other charges related to fake IDs, forgery, etc. The situation gets more complicated, so you’d definitely need an attorney.
What If the Fake ID Was Obtained Illegally?
In some cases, law enforcement obtains fake IDs through illegal searches that violate the 4th Amendment‘s protection against unreasonable search and seizure.If we can prove the ID was obtained illegally, we may be able to get it and any other evidence suppressed. Without admissible evidence, the case could get dismissed entirely.
But I Didn’t Actually Use the Fake ID!
Under 25661, it doesn’t matter if you tried to use the fake ID or not. Just possessing it is enough to get charged as a minor.However, if we can show you had no intention whatsoever of ever trying to use it illegally, that could help mitigate the charges in some cases.The prosecution has to prove you intended to use the fake ID for an illegal purpose like purchasing alcohol. No intent may mean reduced charges.
What If I Was Also Charged With MIP?
Many fake ID cases also involve charges of Minor in Possession (MIP) under California Business and Professions Code 25662.This applies if you were under 21 and had alcoholic beverages with you, in addition to the fake ID charge. The penalties stack for separate charges.We’d develop a strategy to try to beat both the fake ID and MIP charges together based on the specific circumstances.
I’m a Student – Will This Affect My Education?
Unfortunately, yes – universities and colleges tend to take fake ID charges very seriously. You could potentially face disciplinary action like:
- Suspension or expulsion
- Loss of scholarships or financial aid
- Probation
- Having to complete alcohol education programs
A conviction could derail your entire educational path, so it’s crucial to fight the charges aggressively. We frequently represent students dealing with fake ID cases and their unique concerns.
I’m Not a U.S. Citizen – Could I Face Immigration Issues?
For non-citizen students, including those with visas or green cards, a fake ID charge creates additional risks related to your immigration status.A criminal conviction, even for a misdemeanor, could potentially:
- Cause issues when renewing your visa or green card
- Raise questions about your “good moral character”
- Lead to revocation of your status in some cases
- Complicate future immigration processes like naturalization
As your attorneys, we’d work to get an outcome that has no negative impact on your immigration situation. But it’s another reason why you can’t just plead guilty without exploring all your options.
What If I’m Under 18 – Could I Face Juvenile Charges?
For minors under 18, fake ID charges often get processed through the juvenile justice system rather than adult criminal courts.Juvenile charges carry different potential penalties focused more on rehabilitation than punishment, such as:
- Probation
- Court-ordered counseling or classes
- Community service
- Juvenile detention (very rare just for fake ID)
However, you could still end up with a juvenile record that would be visible to colleges, employers, etc. So it’s just as important to fight the charges with an experienced juvenile defense lawyer.