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Fake ID Lawyer, West Des Moines IA

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  The legal drinking age in Iowa is 21 and if you’d like to possess or purchase tobacco, nicotine or any type of vape product you must be at least 18 years old. In order to avoid these rules, minors and underaged people may attempt to use a fake I.D. The I.D. may belong to someone else who looks similar to the underaged person or it may be unlawfully created by another person in their home using a laminating machine.

  Regardless of how the I.D. was obtained, if officers discover it wasn’t lawfully issued to you, you’ll face criminal charges. That is why it’s imperative you seek legal representation as soon as possible if you’ve been arrested for possessing or using a fake I.D. An attorney can collect evidence and build a defense designed to dismantle the prosecution’s argument. With their help, you may be able to obtain reduced charges or have them dismissed entirely.

  If you or someone you know has been arrested for possessing or using a fake I.D., contact McCarthy & Hamrock, P.C.. Our attorneys on staff at McCarthy & Hamrock, P.C. are by no means rookies and have decades of experience to fall back on. They’ve faced every challenge in the book, so you can count on them being prepared for any argument the prosecution throws at them. Plus, we treat all our clients with the utmost respect and compassion. We understand how stressful this situation can be and want to do everything possible to ease your worries and preserve your future.

  Call McCarthy & Hamrock, P.C. today at (515) 279-9700 to set up your first consultation free of charge. McCarthy & Hamrock, P.C. is located in West Des Moines, but we accept clients throughout the greater Des Moines, Polk County and Dallas County area including Minburn, De Soto, Windsor Heights, Adel, Polk City, Alleman, Runnells, Altoona, and Waukee.

  Information Center:

  Getting Caught with a Fake ID
Falsifying Fake Documents
Falsifying Driver’s Licenses
Use of a Driver’s License by Underaged Person
Unlawful Use of a Driver’s License

Is Having a Fake ID a Felony?
Additional ResourcesBack to top

  In most situations, a fake I.D. is used by young people in order to obtain alcoholic beverages, tobacco, or vape products. However, this isn’t the only scenario in which a fake I.D. may be used. Some people utilize fake I.D.s to commit other crimes such as bank fraud, check fraud, identity theft, or to access a restricted area. In some cases, a person will utilize another’s personal identifying information so they can create a fake I.D. to use themselves.

  Under the Iowa Code, there is no singular statute for possession of a fake I.D. Instead, the State has multiple statutes in which a person can be charged under depending on the facts of the case. To learn more about fake I.D. crimes in the state of Iowa, read below.

  Falsifying Fake DocumentsA personal identification card such as a passport is technically a public government document. According to Section 718.5 of the Iowa Code, the elements of the crime are as follows:

  Any person, with no right or authority to do so:
Makes or alters any public document; or
Makes or alters any instrument which purports to be a public document; or
Possesses a seal or counterfeit seal of the state or any of its subdivisions

  Falsifying Driver’s LicensesThe State of Iowa has a specific statute to address falsifying driver’s licenses under Section 321.216A. The statute states a person is guilty of falsifying a driver’s license, nonoperator’s identification cards, and/or forms if they do one of the following:

  Create a driver’s license, a nonoperator vehicle identification card, or a blank driver’s license form and the person has no authority to make a card, license or form
Possess, obtain or have in the person’s control or on the person’s premises a driver’s license, or nonoperator’s identification card forms
Possess, obtain or have in the person’s control or on the person’s premises a driver’s license, nonoperator identification card, or a blank driver’s license or nonoperator identification card form, which was made by a person who had no authority to do so
Use a false or fictious name to apply for a driver’s license or nonoperator’s identification card, knowingly make a false statement to receive one, or conceal material fact and/or otherwise commit fraud on the application

  Use of a Driver’s License by Underaged Person for AlcoholIn Iowa, there is a statute reserved for underaged people using fake I.D.s to obtain alcohol. The statue is under Section 321.216B of the Iowa Code as “Use of a Driver’s License or Nonoperator’s Identification Card by Underage Person to Obtain Alcohol.” According to the statute, you’re guilty of the crime if:

  You’re under the age of 21 and:
You’ve altered or displayed a fictitious or fraudulently altered driver’s license or nonoperational card; or
Have in your possession a fictious or fraudulently altered driver’s license or nonoperational card; and

Used the card to violate or attempt to violate Iowa’s drinking laws under Section 123.47

  Unlawful Use of a LicenseUnlawfully using a license such as giving the I.D. to another person so they can obtain alcohol illegally is also considered a law violation under the Iowa Code. Section 321.216 states you may be charged with unlawful use of a driver’s license if:

  You display or cause or permit to be displayed or have in your possession a revoked, suspended, fictitious, canceled, or fraudulently altered driver’s license or nonoperator’s identification card
Lend your driver’s license to another person or knowingly permit the use of your license by another person
Displays a driver’s license you purport as your own when you know it belongs to someone else
Fail or refuse to surrender upon lawful demand a driver’s license or nonoperator card that was cancelled, revoked, or suspended
Permit unlawful use of a driver’s license issued to youBack to top

  In some cases, having a fake I.D. can result in felony charges. The penalty for possessing or using a fake I.D. will depend on what section of the Iowa Code you violated. Listed below are the consequences for the various fake I.D. crimes listed under the established Iowa statutes.

  Use of Driver’s License by Underaged Person – Simple Misdemeanor
Up to 30 days in jail
A fine of up to $625

Unlawful Use of a Driver’s License – Simple Misdemeanor
Up to 30 days in jail
A fine of up to $625

Falsifying a Driver’s License – Serious Misdemeanor
Up to 12 months in jail
A fine of up to $1,875

Falsifying Public Documents – Class D felony
Up to 5 years in prison
A fine of up to $7,500
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  Fake ID Information | The University of Iowa – Visit the official website for the University of Iowa to learn more about fake I.D. laws in the state. Access the site to get answers to your frequently asked questions such as what the criminal and administrative penalties for are possessing a fake I.D.

  Fake I.D. Laws in Iowa – Visit the official website for the Iowa Code to read Chapter 321 for Motor Vehicles and Law of the Road. Access the site to read the various statutes involving fake I.D.’s, the penalties for having a fake I.D., and other related offenses.

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  If you or someone you know has been arrested for possessing, creating or unlawfully using a driver’s license, call McCarthy & Hamrock, P.C.. At McCarthy & Hamrock, P.C., we understand people, especially young adults, make mistakes and that shouldn’t cost them their future. We can act as your legal guides through this process and do everything possible to help you get the second chance you deserve.

  Call us today at (515) 279-9700 to schedule your first consultation with a criminal defense lawyer in the Des Moines area. We also accept clients in the greater Polk County and Dallas County, Iowa area.

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Loyola University Chicago

  It is important to know that the possession of a fake ID is considered a Class IV Felony offense in the state of Illinois. Please note, this refers to possession of a fake ID, not just use or attempted use.  Having a fake ID is enough to be charged with a felony. 

  Fake IDs are one of those victimless crimes that many people feel is an infringement upon them. This is not the case and Fake IDs are taken very seriously by the University and Law Enforcement agencies. In this world where terrorism is a threat in the back of every person’s head, the role of a fraudulent ID has taken on a bigger implication, more than just college aged people wanting access to alcohol.  

What About Fake IDs?

  “Most kids I know have fakes” is a regular statement among many college kids.

  Some fake IDs are altered by their owners, with date-of-birth numbers or photos changed.  Some IDs are expired and handed off to friends or younger siblings.  Trained employees can spot these IDs – a mismatched photo or an expiration. And while ‘old school’ fake IDs are still used, there’s a new class of fakes that are far more sophisticated.

  New generation fake IDs are using high tech scanning and reproduction techniques to look pretty much exactly like a state driver license – even down to the scannable bar code on the back – and can pass inspection of even the most seasoned employee.  We are often asked if a sale is made and the underage buyer uses a fake ID, “am I the one responsible?” and generally the answer is no.  If an employee is presented with a legitimate looking ID that passes examination with the correct matching photo and date-of-birth and it’s not expired, the employee did their level best to verify the customer’s age.  Clearly, catching these fake IDs in use can be a challenge.

  New fake ID’s involve illicit ID providers hired via the internet and are shipped in non-descript packages sometimes containing other goods.  They can be ordered in bulk across a group of kids.   The buyer provides a picture and specific details and the seller creates the fake and ships it.  Often times, the fake ID buyer will pick a state and an address that has no connection to their own.

  Some folks have ask us if they suspect that an ID is fake, do they have to make the sale. Our answer is that a retailer is under no obligation to sell to someone they suspect is underage.  If the employee believes the ID to be fake, the sale can be denied.

  Law enforcement at the federal and state law are working  on ways to tackle the sophisticated fake ID problem.  (See the REAL ID Act) The most important step is to ensure your employees are trained and prepared for the challenges associated with examining and scanning IDs and refusing sales that are underage fake ID or not.

  We Card’s Hold, Sweep, Flip training involves some simple steps to ensure the retail employee has taken the correct steps to examine an ID.  First and foremost, does the photo on the ID presented match the purchaser? Is the ID expired?  Has it been altered?  For more details or training, drop by wecard.org.

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