What is the penalty if you are convicted of falsifying your drivers license in massachusetts

In Massachusetts, being caught using false identification — whether it is manufactured or stolen — can cause you to incur serious penalties. Although this crime is considered a misdemeanor, this doesn’t mean it shouldn’t be taken seriously. If you’ve been arrested and accused of possessing a fake ID, it’s important that you secure solid legal representation to help you fight the charges against you. Here’s what you should know and who to call.

Penalties for Possession of a Fake ID in Massachusetts

Massachusetts has less stringent penalties for the possession of a fake ID than other states. However, if you are convicted of the crime, you’ll still face punishment that could negatively affect your life now and in the future. If you are found guilty, you stand to incur a fine of up to $200 and incarceration in a county jail for up to three months. You could also have your actual license suspended.

Falsified items that can fall under this law include:

• Driver’s license
• Learner’s permit
• Identification card
• Inspection sticker or registration

Defenses for Possessing a Fake ID

There are numerous defenses for possessing a fake ID, and which your attorney chooses will depend on your unique circumstances. Common defenses against this crime include but are not limited to:

• Arguing that you had no knowledge that your ID was false. Maintaining actual innocence and providing proof that you had no knowledge that the ID was false could be a solid strategy.
• Arguing that you had no intent to use the ID for illegal purposes. In some cases, it may be prudent to argue that you didn’t intend to use the ID for something illegal. For example, you may have been carrying a friend’s ID for them because they didn’t have a purse or pockets. Also, you could explain you carried it to consolidate your items together in one bag.
• Arguing that you weren’t in possession of the ID. If the false ID had your photo on it, but you weren’t in possession of it at the time, you may be able to deconstruct the prosecution’s case against you by suggesting that you never possessed the ID.

Contact the Law Office of Thomas Kokonowski, Esq. Today

If you’ve been charged with the possession of a fake ID in Massachusetts, don’t wait to get legal help. Contact our office today to speak with an experienced attorney who can advocate for your rights under the law. Call now at 413-585-9200 or 413-549-0022.

The Massachusetts Registry’s Special Investigations Unit suspends licenses when it discovers license fraud. If the Massachusetts State Police Compliance Unit or the Registry of Motor Vehicles Enforcement Services Division determines that a person made false statements to obtain a Mass. driver’s license or Registry Identification Card, the RMV will automatically suspend all licenses involved in the transaction and schedule a hearing before the Special Investigations Unit.

Providing false information to obtain a driver’s license or Massachusetts ID Card is a felony, as is fraudulently procuring a license or ID card. This is a very serious matter and it can result in criminal prosecution. The Massachusetts False License Law provides for a sentence of up to 5 years in State Prison.

There is absolutely no way to clear a Massachusetts License Fraud suspension without appearing before the Registry’s Special Investigations Unit. At that hearing, you must explain the license fraud to the hearing officer,’s satisfaction and prove your true identity.

If the Registry suspends or revokes your driver’s license or right to operate, the Registry will not grant you work license or any hardship relief. The Registry does not hear hardship appeals for fraudulent license suspensions.

Fortunately, however, the RMV Board of Appeal does entertain suspension appeals for license fraud suspensions. I have been very successful in obtaining 12 hour work licenses and full license reinstatements in these cases. If I agree to take you on as a client, chances are very good that you will be getting relief from the Board of Appeal and your “Comp. Fraud Lic/Id” suspension will be either reduced to “time served,” or you will be granted a full license.

Whether you get early relief or not, you will be required to take a full written examination, obtain a learner’s permit, and schedule a road test. You will have to pay a $500.00 reinstatement fee and a $100.00 new license and road test fee. Whenever you get your license back, in the form of a full license or a Cinderella license, you will have to present all required documentation to the Registry, as if you never had a license before.

Now there are places where individuals, who are under 21, can get their picture on an out-of-state license. These "licenses" will include almost all of the individual's correct information but will instead show a birthdate that lists them as 21 years of age or older. These licenses, or false identification, will serve their purpose until the police look at them.

In these cases, you will likely face charges and will not have the benefit of a defense in a Boston courthouse that you were "holding it for someone else who lost it."

Massachusetts Fake ID Law

Under Massachusetts laws, the punishment for using a fake ID is a $300 fine which is included in your criminal record. The court will notify the Massachusetts Registry of Motor Vehicles, which will inform your home that your driver's license is being suspended for 180 days.

Most students mistakenly think they can pay and walk out of court without mom and dad knowing anything. Now that's a problem for most students and others under 21 (and their parents).

Here's our advice to students:

• If and when you are arrested or summonsed to court for a fake ID, be smart and have an attorney with you. The first trip to the courthouse is important. You want someone who can try to stop the process at the initial hearing with a fine, community service, and/or an alcohol program (mandated by courts). We will also head the problem off before they send notice to the Massachusetts Registry of Motor Vehicles. Be aware that some police departments have policies that mandate that the officer transmit the information to the Registry when they arrest you.
• If you have already been notified that your license is to be suspended, contact an attorney to appeal the ruling as you may be eligible to get a "Cinderella License" that will allow you to drive for twelve hours a day.
• Contact us at (617) 300-0212, so we can assist you in trying and preventing a criminal record and the subsequent loss of license. We can also help you at the Registry Hearing, where the Board will decide whether you meet the requirements for a twelve-hour license or not. You are not entitled to a twelve-hour license, which is where an experienced attorney can help make sure you get one granted to you. For more information, request a complimentary and confidential consultation.

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Having the fake ID was your first mistake, and using it was your second. Not hiring an experienced attorney will be your third. Let us help you today!

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Using a Fake ID is Illegal in Massachusetts

Summer is upon us. It’s a great time of year to go to clubs and concerts. It’s tough being 19 or 20 years old though, when you’re left behind by your 21 year old friends as they head out to experience the Boston nightlife. The easy solution – a fake ID. The chances of getting caught seem slim, and they are easy and not too expensive to obtain. Using a fake ID is easy to justify because “everyone else has one” and even if your parents know, they don’t seem to get overly upset. It will also be useful to take back to college in September.

Our advice: think again! There are serious criminal consequences in Massachusetts for offenses involving false identification cards, and police are very aggressive in detecting and prosecuting these offenses. It is against the law in Massachusetts to falsely make or alter a driver’s license or other forms of identification. This offense is a felony, with possible punishment of 5 years in prison. A felony conviction has serious permanent ramifications and can affect eligibility for financial aid as well as the right to vote or to possess a firearm. It is also a criminal offense to use or carry a false identification card. The simple act of using or carrying a fake ID can result in a misdemeanor conviction punishable by imprisonment of not more than three months and a fine of not more than $200.

Now, let’s consider reality. Is it likely that a teenager will actually go to jail for using a false identification card? Of course not. However, he may be summoned to appear in court with the result that the charge will appear on his criminal record, with negative implications for future employment.

The main consequence that should get the attention of any teenager is the impact on his driver’s license if caught using a fake ID. Even if a car was not involved in the offense, most police departments will report any arrests for false identification offenses to the Registry of Motor Vehicles. The Registry is required to suspend the driver’s license of any person convicted of making or altering a driver’s license for one year. If the charge is for using or carrying a false identification card, the Registry may suspend the driver’s license for 180 days, even if there is not a conviction.

Offenses involving false identification cards are serious. Ask any teenager who has been through the process what it was like to be without a license for six months. Getting into a club for one night seems hardly worth the risk of serious criminal consequences and the inconvenience of being without transportation.

If you have the unfortunate experience of being charged with a false identification offense, call a lawyer. There are things that can be done to avoid many of these consequences, but it is critical to intervene at the earliest possible stage.

Written by Jeffrey Sankey

For more information, please contact us at 781-930-3127.