Here is a brief excerpt from my book the Ann Arbor Criminal Defense Playbook - A Comprehensive Guide to Washtenaw County
Fraudulent or Fake ID
Fake ID charges are usually associated with other charges such as an MIP, and like an MIP, this charge is a misdemeanor. The additional problem a client runs into with a Fake ID charge is the definition, which classifies it as a crime of dishonesty and fraud. The charge reads as if you possessed fraudulent documents, and you were looking to falsify and defraud someone; it’s not clear that you had a friend’s ID in your wallet, and you were going to a bar in Ann Arbor. Do you want a prospective employer or grad school to see that charge on your record?
Many clients who contact me about MIP charge, also tell me that the police found a fake ID during the arrest/ticketing process, and they now have multiple charges. This is quite common, as many people use fake ID's to enter bars or purchase alcohol, and the crimes go hand-in-hand. This offense is a separate misdemeanor, which carries jail time, fines, costs and would leave you with a criminal record if convicted.
The main difference between an MIP charge, and a Fake ID charge comes down to the ability to keep it off of your record. In Michigan, there is a built in way to have an MIP off your record or dismissed at a later date, but this does NOT exist for the Fake ID charge. This is also a crime that is very easy to prove by the prosecutor, as it is in your wallet or you offer it to a bouncer or police officer as your identification. There is not much of a defense to it being in your wallet, or you handing it over.
Many of my clients are drunk or not thinking correctly, and when the police ask to see some ID, they actually pull out the fake ID by mistake or open their wallet to show the police the contents of the wallet, and the cop sees multiple ID's. This causes major issues in terms of having a defense to having the ID. It also doesn't matter if it’s an ID that would be otherwise valid (it's actually someone's real ID, but not yours) or it's a totally manufactured "fake" ID that has your real picture, but the ID itself is not valid.
I have a strong track record of keeping this Fake ID charge off my client's record along with the original MIP. It certainly takes a very proactive plan in order to put ourselves in a position to achieve that result, but it is very possible. Like MIP charges, my clients begin volunteer work immediately. My clients need to overcome the perception that they are going to simply get another fake ID, and try the same thing again.
Why should my client get a second chance? If we can highlight who you’ve been in the past, what you’re doing in the present (being proactive), and where you’re going in the future (a great career where you can’t have a misdemeanor), you will earn a second chance.
Contact Attorney Jonathan Paul - 248-924-9458 - www.michiganlawgrad.com
Attorney Jonathan Paul is a former New York City and Michigan Prosecutor, and a graduate of the University of Michigan Law School. Mr. Paul has been featured in Hour Magazine, and the New York Times for his selection in Super Lawyers Magazine. Based on past client reviews, Mr. Paul has also earned me a “Superb” 10.0 Avvo Rating.