Likely charge is 2c:21-1, which carries up to 18 months of prison. If this is a first offense, likely he will not go to jail. For more details please consult with an attorney in private.
N.J.S.A. 2C:21-2.1(d) makes it a crime to possess any document or writing that falsely represent a driver’s license, birth certificate, or other official document that can be used to misrepresent your age or other personal information used for identification. This means it is a crime to have a fake ID in your possession. Having it on you is a crime. Possessing a fake ID is a fourth degree crime in New Jersey. If convicted, you could face up to 18 months in prison and a fine of up to $10,000. If you would like a free consultation feel free to contact my office or have your son do so.
I'd be surprised that he is charged with anything unless he provided her with alcohol in the bar. She is facing the fake ID charge. He can call for a free consultation and I can determine what he is charged with as long as it did not happen in Ocean County because I prosecute there.
I am also suprised that he was charged with anything, but please feel free to give my office a call so you can give me more details about what your son is charged with. (609) 448-2700. Or visit our website at http://www.samsachs.com.
I also agree with Mr. Ducey. He likely is just helping girlfriend. he did not present the ID. In any event it is not a crime or 4th degree felony if used for alcohol, it is a disorderly persons offense. Jail is highly unlikely if not ever imposed. Plus she did not use it for alcohol just admission to the bar. An attorney could likely help.