Juvenile Possession of Fake ID
If your child has been charged with possessing a fake identification card or driver’s license in Florida, it is important to hire an attorney for your child’s defense. Unauthorized possession of an identification card is considered a felony offense in Florida. Your child may even be penalized as an adult for this offense depending on the child’s age.
Your child’s defense attorney may able to have their unlawful possession charge dropped or reduced, or pursue alternative sentencing like enrollment in one of the state’s juvenile diversion program, which are designed to prevent future offenses and rehabilitate the child.
St. Petersburg Juvenile Fake ID Defense Attorney
Melinda Morris of the Morris Law Firm, P.A. can help your child avoid harsh punishments and consequences for their charge of possessing a fake identification card in St. Petersburg, Florida, and the surrounding Tampa Bay areas. Melinda Morris is experienced and knowledgeable with juvenile fake ID possession in Florida, and will make every effort to find the best possible outcome for your child’s particular case. Call the Morris Law Firm, P.A. at (727) 388-4736 for a free consultation today.
Florida Unlawful ID Possession Statute and Juvenile Penalties
According to Florida Statutes § 322.212, it is unlawful for any person to knowingly have in their possession a stolen, fake, counterfeit, forged, fraudulent or unlawfully issued driver’s license or identification card.
Although this statute applies to any person, juveniles are most often charged with this offense. Also, if a juvenile offender does not have the statutorily required knowledge they are possessing an unlawful identification card or driver’s license, they may be able to use lack of knowledge as a defense to the charges against them.
The penalties for a violation of this statute can be severe and can include imprisonment in state prison for five years or less and/or fines up to $5,000.
Other juvenile penalties can include a permanent criminal record, suspension of a lawful driver’s license, probation, community service, detrimental effects on future employment, and a reduction in educational opportunities.
Possession Defined in Florida
Unlawful possession of an identification card or driver’s license in Florida requires actual or constructive possession. If there is not sufficient evidence that your child had possession of the driver’s license or identification card, then the charge against your child could be dismissed.
In order for someone to have actual possession in Florida, they have to have control over the ID card or driver’s license, or it has to be on their actual body. For example, they have to have the ID card or driver’s license in their pocket or purse.
Constructive possession is often harder for the state prosecutor to prove, and requires three elements in Florida. These include:
- The identification card or driver’s license was in the presence of the juvenile charged with the offense,
- They knew the driver’s license or ID card was in their presence, and
- They knew the driver’s license or ID card was unlawful or fake.
For example, if the juvenile had the ID in the glove compartment of their car, they knew it was there, and they knew the ID was fake, they could be charged with constructively possessing the identification card.
Morris Law Firm, P.A. | Juvenile Unlawful ID Possession Defense Attorney
Contact the Morris Law Firm, P.A. today for a consultation about your child’s alleged possession of a fake ID in Pinellas County, Florida, and the surrounding areas of Tampa Bay, including St. Petersburg, Clearwater, Hillsborough, Pasco, Manatee and Sarasota County. Melinda Morris is experienced in juvenile defense, and will make every effort to identify any mitigating factors or applicable defenses to help your child avoid severe repercussions. Contact the Morris Law Firm, P.A. at (727) 388-4736 for a consultation about your child’s juvenile crime in Pinellas County.