Using or possessing a fake ID might seem like a harmless rite of passage for teenagers or college students—but in Maryland, it can carry serious criminal consequences. Whether it’s used to buy alcohol, get into a bar, or mislead law enforcement, a fake ID can lead to criminal charges that can affect your future, including your record, your education, and even your immigration status.
Is It Illegal to Have a Fake ID in Maryland?
Yes. Under Maryland law, it is illegal to possess, display, or use a fake identification card, particularly when it’s used to misrepresent your age or identity. These offenses are typically charged under:
- Md. Transp. Code § 16-301: Makes it illegal to possess or display a fake driver’s license or identification card.
- Md. Crim. Law § 8-303: Covers identity fraud and can apply if a fake ID is used to commit another offense, such as financial fraud.
- Alcoholic Beverage Violations: Minors using a fake ID to buy alcohol can be charged under Md. Crim. Law § 10-113 and related statutes.
What Are the Penalties for Using a Fake ID?
The consequences depend on the specific facts of the case and the charges brought:
1. Possession of a Fake Driver’s License or ID
- Misdemeanor
- Up to 3 years in jail
- Fines up to $2,500
- Possible driver’s license suspension
2. Identity Fraud Involving a Fake ID
- Can be a felony if used to defraud another person or government agency
- Penalties up to 5 years in prison and $25,000 in fines
3. Underage Drinking or Misrepresentation of Age
- Additional penalties for minors
- Can lead to alcohol education programs, community service, or license suspension
A conviction, even for a misdemeanor, can create a permanent criminal record. For students, this could mean loss of scholarships or academic discipline. For immigrants, fake ID convictions can trigger immigration consequences.
Can You Go to Jail for a Fake ID in Maryland?
Yes—especially if the ID is used to commit a separate crime or if it’s a repeat offense. However, jail time is not mandatory, and many first-time offenders may be eligible for probation or diversion programs.
An experienced Southern Maryland criminal lawyer may be able to argue for a favorable resolution, such as:
- Probation before judgment (PBJ)
- Dismissal through a diversion program
- Reduction to a civil citation
What If You Didn’t Know the ID Was Fake?
Intent matters. If someone unknowingly carries or uses a fake ID (for example, they were handed one at a bar), that can be a defense. However, most prosecutors and judges will consider the context—was it used knowingly to gain access, purchase alcohol, or deceive law enforcement?
Arrested for a Fake ID in Prince George’s, Charles, Calvert, or St. Mary’s County?
Police often issue citations or make arrests for fake ID use in college towns, at DUI checkpoints, and during bar raids. If you’re charged in Southern Maryland, it’s essential to act fast and contact an attorney who understands local courts and prosecutors.
Charged With Fake ID Possession? Contact Southern Maryland Criminal Defense Today
If you or your child has been charged with using or possessing a fake ID in Maryland, don’t leave the outcome to chance. We defend clients in Charles, St. Mary’s, Calvert, and Prince George’s Counties, and we understand how to protect your record and your future.
