Being arrested with a fake ID might not seem very serious, but if the fake ID is used to commit another crime, like identity theft or Social Security fraud, you could end up facing felony charges in Pennsylvania, which our lawyers can help you address and defend.
If you’re arrested and law enforcement finds a fake ID on you, they may investigate you further for additional offenses such as forgery, identity theft, and fraud. If law enforcement officers ask you about the fake ID after your arrest, do not answer any questions or try to explain yourself; instead, invoke your right to an attorney and wait for our lawyers to arrive.
For a free case review from our Philadelphia, PA criminal defense lawyers, call Kenny, Burns & McGill now at (215) 423-5500.
What Happens if You’re Arrested with a Fake ID in Pennsylvania?
If you’re arrested and law enforcement finds a fake identification card on your person, you may face additional charges and penalties, on top of the charge that led to your arrest and officers finding the fake ID in the first place.
Carrying a false identification card is not a very serious offense in and of itself, and is generally classified as a summary offense. Presenting a false ID to police officers is also illegal in Pennsylvania and classified as a third-degree misdemeanor. While these charges may seem insignificant compared to more serious felony offenses, fake IDs can be used to facilitate other crimes, so additional charges may follow.
Law enforcement may view your possession of a fake ID as a sign of possible additional illegal activity and may launch further investigations into you and your activities. Fake IDs are also commonly used in drug trafficking and money laundering operations.
You can lose your actual driver’s license if you are arrested with a fake ID in Pennsylvania.
What Can You Be Charged with if You’re Arrested with a Fake ID?
Being arrested with a fake ID makes you vulnerable to additional, more serious charges, such as felonies for identity theft, forgery, and fraud. You might be charged at the state or federal level as well.
Identity Theft
If you have a fake ID that contains the real information of another person, you can face additional charges. Identity theft may be charged as a third or second-degree felony in Pennsylvania, depending on whether it is the defendant’s first, third, or subsequent offense. A second-degree felony conviction for identity theft carries a 10-year prison sentence.
A person commits “aggravated identity theft,” a federal offense, when they use a fake ID to commit other federal felonies. In these cases, an additional 2 years are tacked onto the defendant’s sentence, in addition to the punishment for the other offense.
Forgery
Creating or altering an ID card with the intent to injure or defraud someone is an example of forgery, which is a third-degree felony in Pennsylvania. Third-degree felonies carry maximum prison sentences of up to 7 years and fines of up to $15,000.
Fraud
You might even face federal charges for knowingly producing or transferring fake IDs on a large scale. The first conviction for this offense could mean up to 15 years in federal prison. Producing fake IDs to facilitate drug trafficking or a crime of violence carries a 20-year sentence.
Committing Social Security fraud by impersonating someone else or falsifying documents to obtain federal benefits is another serious offense related to having a fake ID and is generally punishable by 5 years in prison, though the penalty can increase to 10 years.
FAQs About Getting Arrested with a Fake ID in Pennsylvania?
Do I Need a Lawyer if I Am Arrested with a Fake ID?
Although simply possessing a fake ID might only be charged as a summary offense in Pennsylvania, it can lead to a larger investigation and other, more serious charges, so don’t underestimate the importance of getting a lawyer if law enforcement finds a fake ID on your person after an arrest.
What if the Police Find a Fake ID Through an Illegal Search?
If law enforcement performs an illegal search of your person or property without a warrant or probable cause, and they find a fake ID, our West Chester, PA criminal defense lawyers can file a motion to suppress evidence that was obtained illegally and in violation of your Fourth Amendment rights against unreasonable search and seizure.
Should I Explain Myself to the Police if I Am Arrested with a Fake ID?
If you are arrested because you tried to use a fake ID or were found with one in your possession, do not try to explain yourself to the police, as you might misspeak and critically harm your future case and defense.
Is Getting Arrested with a Fake ID Serious?
Getting arrested with a fake ID may prompt law enforcement to investigate you further, which could lead to additional felony offenses, like as money laundering, drug trafficking, and other crimes that are often associated with possessing or producing fake IDs.
What Other Crimes Are Fake IDs Used in?
Fake IDs are sometimes used in money laundering to create as much distance as possible between the offender and the illegal funds. Money laundering is a first-degree felony offense in Pennsylvania. Fake IDs are also routinely used in drug trafficking, which can be charged at the state or federal level, depending on the case.
Can I Be Charged at the Federal Level if I Am Arrested with a Fake ID?
You can be charged at the federal level if you are arrested with a fake ID and use it while committing illegal acts across state lines or use it to obtain someone else’s federal benefits, like Social Security.
Call Us for Help with Your Criminal Defense in Pennsylvania
Call the Norristown, PA criminal defense lawyers of Kenny, Burns & McGill at (215) 423-5500 to discuss your case for free today.
