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Being Arrested....

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Postby jzfran » Sat Oct 07, 2006 10:30 am

Best of luck with the whole court process. While I'm no expert, I hope/think that they'll take it easy on you since it was your first offense.
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Postby Coppermine » Sat Oct 07, 2006 10:54 am

I've been doing some research to find out what typical penalties are for these types of infractions. Again, no one should ever get anything other than probation if no one is hurt, especially for an offense that I consider as silly and ridiculous as having a fake ID.

Despite all the penalties, many bartenders who spot a fake ID simply confiscate it and kick the kid out of the bar. When charges are filed, first-time offenders usually get probation and small fines.

Prosecutions of fake-ID peddlers remain relatively rare. One 19-year-old Tallahassee, Fla., man busted for running a fake-ID site was sentenced to probation and 15 days of picking up trash along highways, Leon County prosecutor Betsy Sinphay says.


There are two different charges related to fake ID's; one states that using someone else's ID as your own is a Misdemeanor. The other states that a counterfeit ID is a felony. However, I believe that the statute likely allows for the misdemeanor to be handed to first time offenders.

F.S.S. 322.32: Unlawful use of license is a second degree MISDEMEANOR.

This statute makes it unlawful to display, cause, permit to be displayed, or have in your possession any canceled, revoked, or suspended, disqualified, fictitious, or fraudulently altered driver's license. It is also unlawful to lend a license to any other person or knowingly permit its use by another.

Example: An older sibling or friend loans their driver's license to younger sibling or friend who uses it to get into clubs/bars; the older sibling would be charged. To display, or represent as your own or any driver’s license not issued to you is also illegal.

Example: Same scenario as above but this time the younger sibling or friend would be charged.

F.S.S. 322.212: Unauthorized possession or other unlawful acts in relation to, driver's license or identification cards is a third degree FELONY.

It is unlawful for any person to knowingly have in their possession any blank, forged, stolen, fictitious, counterfeit, or unlawfully issued driver's license or identification card. It is unlawful for any person to barter, trade, sell, or give away any driver's license or identification card or to perpetrate a conspiracy to barter, trade, sell, or give away any such license or identification card unless authorized.

Example: A person provides false information or someone else’s information about their identity to the Division of Driver’s Licenses and has an official ID card or DL made with their photo on it and the erroneous information they provided.

Example: A friend has a "board" made that you stand in front of and have your photo taken so that the photo looks like an official ID card or DL issued by the State of Florida.


I also read that the felony fake ID charge was created more to crack down on undocumented workers rather than teens.

Florida also has something called a "Teen Court":

If your child is a first-time offender, he may be eligible for a number of programs, such as Teen Court, in which your child could get the charges dropped.


So, rather than getting all worked up, go consult an attorney...... as soon as possible.
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Postby Omaha Red Sox » Sat Oct 07, 2006 11:16 am

Many times, at least from what I've seen in regards to traffic violations, cops don't even show up to court. Many times it's dismissed. Whether this is relevant in your situation....
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Postby Coppermine » Sat Oct 07, 2006 12:00 pm

Omaha Red Sox wrote:Many times, at least from what I've seen in regards to traffic violations, cops don't even show up to court. Many times it's dismissed. Whether this is relevant in your situation....


Yeah, this isn't a traffic violation in Florida as it is considered in most states. One thing you can probably expect is fines and likely a license suspension; that's probably the most inconvenient part of it.
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Postby Simulacrum » Sat Oct 07, 2006 12:06 pm

Wish we could see your mugshot. :-B

I wouldn't stress about this too much.. it's a misdemeanor and will most likely be removed from your permanent record after a couple of years.

Hope you don't get sentenced to sobriety classes.. those are expensive and terrible :-o (I hear)
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Postby Coppermine » Sat Oct 07, 2006 12:07 pm

Simulacrum wrote:Wish we could see your mugshot. :-B

I wouldn't stress about this too much.. it's a misdemeanor and will most likely be removed from your permanent record after a couple of years.

Hope you don't get sentenced to sobriety classes.. those are expensive and terrible :-o (I hear)


You can probably go through an accelerated program that will remove it from your record as well if it's your first offense. A friend of mine got a DUI as a first offense and had it basically removed from his record, minus numerous fines and losing his license for a year.
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Postby RugbyD » Sat Oct 07, 2006 12:36 pm

I would go the lawyer route. You will have a higher probability of getting the whole thing dismissed and at the very least can mitigate the penalties as they will be able to more effectively argue for you the difference bewteen a youngin buying beer and an illegal or a malcontent looking to do real harm by misrepresenting himself (the people the law was intended for).
TennCare rocks!!!!
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Postby Coppermine » Sat Oct 07, 2006 5:11 pm

Yeah, I mean, whatever happened to the "boys will be boys" defense.

OH NO, a 19 year old drank a beer! MORAL DEGRADATION!!!!

Puh-lease.
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Postby RyanK » Sat Oct 07, 2006 6:51 pm

Im having a great weekend...


Just got written up last night for drinking in the dorms...


I hate college... or well loud obnoxiously stupid drunk people who run around at 3 am waking people up


But I'm gonna talk to one of my friends parents whose a lawyer back home see what the recommend before paying for one down here..


Coppermine.. yeah Florida's laws are a little ridiculous and Im hoping I just get Comm Service and I can live with a licence suspension because I dont have a car down here
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Postby Field » Sat Oct 07, 2006 11:52 pm

RyanK wrote:Im having a great weekend...


Just got written up last night for drinking in the dorms...


I hate college... or well loud obnoxiously stupid drunk people who run around at 3 am waking people up


But I'm gonna talk to one of my friends parents whose a lawyer back home see what the recommend before paying for one down here..


Coppermine.. yeah Florida's laws are a little ridiculous and Im hoping I just get Comm Service and I can live with a licence suspension because I dont have a car down here


From experiences simliar to this,

First off, this is usually dismissed especially for college students; sometimes you have to pay a fine. Second, I would contact your campus law offices (most college's, mine included, has a law office where you can meet with a lawyer w/o charge or for a discount.) Even if you are found gulity, you will be able to get it expunged from you're record after 6 months or a year, like it never happened ( in most states). Going to jail or getting a heavy fine is pretty much out of the question, that law is basically set up for bank frauds and other such discretions.

Are you a danger to your community, NO. You won't be going to jail. Sleep well and enjoy College, this has happened to many people and they have lived through it. It won't hurt your prospects when you leave college.

(Yes this has happened to me, stuff like this happens)
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