FAKE ID POSSESSION CHARGES IN PITTSBURGH

If you are a college student in the Pittsburgh or Western Pennsylvania area visiting this website, you have probably been charged with possessing a fake ID, or furnishing it to police. Given the improved quality in the technology used to produce fake ID cards, many young college students are able to gain access to bars without difficulty. 

The PA Bureau of Liquor Control Enforcement is cracking down on fake ID violations in the hopes of shutting down nuisance bars. Liquor Control Enforcement officers are conducting raids of local Pittsburgh bars, citing dozens of students with Fake ID violations, and putting pressure on students to testify against violating bar owners. 

PA Fake ID Law Defined

In PA, a fake ID charge is formally titled Carrying a False Identification Card and is found at Section 6310.3 of the PA Crimes Code. A person under the age of 21 commits this offense under the following circumstances: 

  • He or she is in possession of an identification card falsely identifying that person by name, age, date of birth or photograph as being 21 years of age or older

  • He or she obtains or attempts to obtain alcoholic beverages by using another's ID or an ID card that has not been lawfully issued to the person. 

Please be aware that enhanced penalties for providing a False Identification to Law Enforcement may apply if the person provides a fake ID to a police officer to avoid detection. 

What are the penalties for Possessing a Fake ID?

The penalties associated with carrying a false identification card are dependent on whether or not it is a first violation or if the person has prior violations. 

1st Violation

  • Summary Offense
  • Up to 90 days in jail
  • Fine up to $500
  • Criminal record that cannot be expunged for at least 5 years, and only if the person remains free from arrest or prosecution during that period

2nd or Subsequent Violation

  • Third-Degree Misdemeanor
  • Up to 1 year in prison
  • Fine up to $2,500
  • Permanent criminal record with no eligibility for record sealing for 10 years

If charged, the law requires the police to inform your parents. You may also be subject to disciplinary action by your university.

Is there a Driver’s License Suspension for a Fake ID Charge?

For PA licensed drivers, there is no license suspension for the Possession of a Fake ID under Section 6310.3. Act 95 of 2018 repealed the license suspension provisions for Fake ID charges, effective April 22, 2019. Many attorney websites still reflecting a license suspension are outdated. Those with licenses outside of Pennsylvania may consult with their local DMV for further information.

Should I accept a Pre-Adjudication Program for a Fake ID Charge? 

Some magistrate courts offer pre-adjudication programs for first-time offenders. While accepting a pre-adjudication program offer will help you avoid a conviction for this charge, you can now face a 3rd Degree Misdemeanor offense if you are convicted of a 2nd Fake ID charge in your lifetime. It is preferable to pursue an alternative agreement for a withdrawal or dismissal of the offense.  

How a Fake ID charge on your record may complicate your job search

A fake ID conviction can show up on background checks and may make it harder to get a job or admission to schools since it’s treated as a crime involving deception or dishonesty.

HOW THE ZUCKERMAN LAW FIRM CAN HELP

If you or a loved one are charged with possessing or using a Fake ID card, contact our firm immediately at 412-447-5580 for a free, confidential consultation. Attorney Dave Zuckerman is a former prosecutor familiar with all aspects of the justice system, and has experience negotiating with Liquor Control and university police officers in the Pittsburgh area.

If hired, our firm can assist with the following:

  • Submitting the not guilty plea on your behalf and requesting a collateral waiver;

  • Scheduling your court date;

  • Pre-hearing preparation, to include a review of your case and referral to programming if appropriate; and

  • In-court negotiations

  • Expungements

Our #1 goal for your case - avoiding a conviction for a Fake ID charge. Call us today at 412-447-5580.