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Kinney Law, pc

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What Criminal Charges Are Often Referred To As A “Fake ID” Charge?

In South Dakota, the official title of a Fake ID charge is called, “Possession of a Revoked, Suspended or Altered License.” When anyone has in their possession or displays a falsified identification or driver’s license, this is the charge. When someone displays a legal driver’s license or identification card of a third party in an attempt to be identified as the third-party, the charge is called, “Displaying License of Another.” Both of these charges are a Class 1 Misdemeanor, punishable by up to one year in the county jail and/or a $2,000 fine. Rarely does anybody go to jail for these charges except during the night of their arrest.

What Consequences Follow A Plea Of Guilty To A Fake ID charge?

In addition to fines and court costs, there is a 60 day driver’s license suspension if convicted of a Fake ID charge. This suspension will follow out-of-state drivers to their home state, to which the home state typically suspends driving privileges for the same period of time.

This is a very expensive consequence as the offender will have to find out how to obtain a restricted driving permit or some other means of transportation. In addition, high risk insurance rates follow together with the requirement of an SR-22 form when the license is reobtained after the suspension period. All convictions involving the misuse of a driver’s license or identification card have license suspension consequences. That is why one needs to resolve their case without pleading guilty to a Fake ID charge.

In addition, some interpret the conviction of a Fake ID charge to be a crime of moral turpitude, or in other words, a crime of dishonesty.  This can have negative consequences in future job searches and background checks, even though the crime would appear to be very minor in the eyes of many.

What Are The Most Common Fake ID Charge Situations?

Almost all of the fake ID cases in the Black Hills consistently occur in Lawrence County, South Dakota. Specifically, there are 2 liquor and casino-related establishments in Deadwood that encourage and bonus security crews for locating offenders who try to get into their establishments with a Fake ID representing that the patron is 21 years of age or older. As penalties for these establishments by government agencies can be severe, they have a vested interest in protecting their liquor and gaming licenses. In turn, bouncers are motivated to refer offenders to the Deadwood Police Department for arrest and prosecution.

What Options Do I Have Following An Arrest For Possessing A Fake ID?

There are options available, however Street dismissal of the charge is rarely one of them. Larger communities and legal systems implement diversion programs for young adults to avoid prosecution in criminal records. Lawrence County, for example, does not have such a program. We have represented many individuals in the range of 18-to-20 years old successfully without loss of driving privileges or a conviction for Fake ID charges.

Get Straight Talk From An Attorney About What To Do Next

Do not wait to get professional guidance. Put the defense of your fake ID charge in the hands of an attorney with a great track record. Get timely resolution to this issue so that you can move forward worry-free. As soon as you have being released from being arrested for a Fake ID, speak with a local attorney who handles these matters. Turn to Kinney Law, pc. Call 605-961-2945 or reach the firm online via website contact email.