September 20, 2019 | Dwight Ball, attorney
These questions are often asked “Do very many students have a fake I.D.?”, or ,“Is it really that much of a criminal offense?” , or “Why does it seem to be such a big deal?”, etc, etc. I’d like to clear up the misconception that this is offense is “No big deal” – regardless of the fact that there are probably more minors with a Fake I.D. than without one on the Auburn campus.
The mere possession of a Fake or Fraudulent Identification card is against the law. The student does not actually have to be using the Fake I.D. to be in violation of the law. All the student needs to do is have one in his or her possession in order to be in violation of the Criminal Law.
The vast majority of Auburn students will admit that they have a Fake I.D. It may be in their wallet, purse or hidden in sock; but rest assured, at night, and in the Auburn area, when you see a student, the odds are very great that, that student has a Fake Identification card if he or she, is under the age of 21 years.
If the student is caught with Possession of Fake I.D., they are looking at a fine plus court costs, and, or, 30 days in jail. In some cases, the student is given a Post Release Citation and the officer lets them be on their way. However, they DO have to appear in court to answer for this criminal charge. The student will find out that the Judge and the Prosecutor will not take it lightly. A VERY stiff fine and sometimes attending Communicare and doing Community Service will be imposed in lieu of imposing actual jail time.
IMPORTANT: If your child calls with this news please remember, while trying to absorb the information that your child has just told you, that he or she has just been charged with a criminal offense of Fake I.D. One day, your child may actually seek a job and be self- supporting. You do not want your child, upon graduation, to face the “real world” with a criminal record of any type. In my representation of students for all these many years, I always insist that we expunge the record of the entirety of the criminal offense. I want the law enforcement records expunged, I want the Court records expunged, and when I am through with it, I want to, in a legal sense, put the child in the position of the day before any of this ever occurred. In my very strong opinion, without doing this, the situation remains incomplete.
Take seriously ANY criminal offense incurred by your child. You’re literally investing, over a four year or more period, a great deal of money, time, worry, concern, etc, that your child will have a solid legitimate shot at a good future. Please contact a criminal attorney to represent your student if they find themselves in this situation.