Minnesota’s fake ID laws are governed by multiple statutes designed to deter and penalize the creation, use, and distribution of fraudulent identification documents.
These laws are particularly stringent for serious offenders, but relatively forgiving for first-time non-violent offenders like teenagers.
Apple Valley Fake ID Defense Attorney
If you or your child have been charged with impersonating another person or using a fake ID, then you need to contact an experienced defense attorney.
Whether the arrest occurred as an accident or a misunderstanding, it’s important to obtain legal representation.
Call (952) 431-7758 to schedule a free consultation today. James Blumberg Law works with clients throughout Dakota County, including Burnsville, Eagan, Hastings, Inver Grove Heights, Lakeville, Mendota Heights and Rosemount, as well as anywhere in the Twin Cities region, including Hennepin County, Ramsey County and Anoka County.
Information Center
- Definitions
- Understanding Minnesota’s Fake ID Statutes
- Penalties for Fake IDs in Minnesota
- Common Defenses
- Additional Resources
- Hire a Fake ID Defense Attorney in Apple Valley, MN
Definitions
There are two major pieces of identification relevant to Minnesota law:
1. Fake Identification Document: A fake ID in Minnesota refers to any identification document that is forged, altered, or otherwise falsified to misrepresent the identity, age, or qualifications of an individual. This includes but is not limited to driver’s licenses, state ID cards, and passports.
2. Altered Identification Document: An altered ID is an original document that has been modified in some way to convey false information. Common alterations involve changing birth dates, names, or photographs.
The majority of “fake ID” arrests come as a result of special stings by local police on known underage bars and during searches with uncooperative suspects.
Juveniles arrested after using a fake ID may have the opportunity to be adjudicated, rather then face formal prosecution. However, repeat offenders may not be extended this luxury.
Misrepresentation
Juveniles are not the only ones that provide false IDs. Lying to the police during a traffic stop or other arrest is grounds for a fake ID charge if you provide false documents. This behavior is usually intentional, but on rare occasion you may unwillingly provide the officer with an ID that is either not yours or that has been falsified.
In these cases we can help.
Relevant Statutes
In Minnesota, the primary statutes governing fake ID offenses include:
Minnesota Statute § 609.531: Forgery and Counterfeiting – This statute makes it illegal to create, alter, or possess any document that is intended to misrepresent a person’s identity. This covers fake ID creation and use. The penalties for forgery can range from a gross misdemeanor to a felony, depending on the circumstances and the intended use of the document.
Minnesota Statute § 171.22: Unlawful Acts Relating to Driver’s Licenses – This statute specifically addresses the unlawful use or possession of a driver’s license. It is illegal to use a driver’s license that belongs to another person, to alter one’s own license, or to create a false license.
Minnesota Statute § 340A.503: Liquor Laws – This statute focuses on underage drinking and the illegal purchase of alcohol. It makes it a misdemeanor for anyone under the age of 21 to attempt to purchase alcohol using a fake ID or someone else’s valid ID.
Penalties
Penalties for fake ID-related offenses in Minnesota can vary significantly based on the nature of the offense, the age of the offender, and whether the offense involved any additional criminal activity (such as identity theft or fraud).
1. Misdemeanor Offenses:
- Underage Use: If a minor uses a fake ID to purchase alcohol, the offense is generally classified as a misdemeanor. Penalties can include up to 90 days in jail and/or a fine of up to $1,000. Additionally, the individual’s driver’s license may be suspended for 90 days.
- First-Time Offenders: Often, first-time offenders may be eligible for diversion programs that focus on education and community service rather than incarceration.
2. Gross Misdemeanor Offenses:
- Possession or Use of a Fake ID with Intent to Deceive: If an individual is caught using a fake ID with the intent to deceive law enforcement or other officials, this can be classified as a gross misdemeanor. Penalties include up to one year in jail and/or a fine of up to $3,000.
3. Felony Offenses:
- Creation and Distribution of Fake IDs: Engaging in the manufacture or distribution of fake IDs is a felony offense. This carries severe penalties, including potential imprisonment for up to five years and fines of up to $10,000. If the fake IDs are used in connection with identity theft or financial fraud, additional felony charges could be applied, leading to even harsher penalties.
4. Administrative Penalties:
- License Suspension/Revocation: In cases involving driver’s licenses, the Minnesota Department of Public Safety may impose administrative penalties, such as the suspension or revocation of driving privileges, in addition to any criminal penalties imposed by the courts.
Common Defenses
The following are a few of the more common defenses that your attorney might use.
Wrong Place, Wrong Time
A common defense is the lack of intent to deceive. If you did not intend to use the fake ID to commit a crime or to deceive someone for unlawful purposes, your attorney may argue that there was no criminal intent.
If you have a prop ID for a play, a fake ID printed as a joke, or another person’s ID on your person during a search, you may have a case. The police may find these IDs while searching for drugs and pin you for possessing a fake ID.
The reality is that there are plenty of reasons to own a fake ID beyond to deceive others.
Illegal Search and Seizure
If the fake ID was obtained through an illegal search or seizure, the defense could move to suppress the evidence. For instance, if law enforcement did not have probable cause to search the defendant or their belongings, the court might rule the evidence inadmissible, leading to a dismissal of the charges.
Additional Resources
Minnesota Statute § 171.22 – Read the original text of Minnesota’s statutes. The state breaks down all of the ways that presenting a false ID is illegal, including altering the card, purchasing and selling a false card, and more.
Underage Drinking Laws – One of the reasons bars, vape shops and tobacco stores are often good about not letting underage customers in is because they can lose their license. When teenagers purchase alcohol, it’s usually not just the juvenile that gets in trouble.
Hire a Fake ID Defense Attorney in Apple Valley, MN
It can be scary when your child is arrested. You might not know what to do or where to go. James Blumberg is an experienced attorney who has represented thousands of clients.
Call (952) 431-7758 to schedule a free consultation today. James Blumberg Law works with clients throughout Dakota County, including Burnsville, Eagan, Hastings, Inver Grove Heights, Lakeville, Mendota Heights and Rosemount, as well as anywhere in the Twin Cities region, including Hennepin County, Ramsey County and Anoka County.