Have you Been Charged with Possession of a Fake ID (Identification) in one of the New Jersey Shore Towns?
Whether you have been charged with Possessing or Using a Fake ID in Wall, Belmar, Lake Como, Asbury Park, Sea Girt, Manasquan, Bradley Beach, Spring Lake Heights, or any other New Jersey shore town, you are facing significant criminal consequences. Possession of a fake identification such as a driver’s license or using a fake driver’s license to gain entry into a bar or nightclub is, believe it or not, a criminal offense. If you are 18, 19, or even 20 years old, and were charged with using a fake ID or fake driver’s license to get into clubs on the Jersey Shore such as D’Jais in Belmar, NJ, the Boat House in Belmar, New Jersey, or Bar Anticipation in Lake Como, NJ you are now, unfortunately facing criminal penalties.
The Jersey police simply do not care that you are a college student with no prior record or that your parents are going to be extremely disappointed if you are charged with a criminal offense. If convicted, a Municipal Court Judge could sentence you up to 6 months in jail and fine you up to 1000 dollars. More importantly, a criminal conviction on your record can have lasting consequences for both your education and future employment opportunities.
Jersey Shore Fake ID Lawyers – Don’t Worry Call Clark, Clark & Noonan, LLC (732) 303-7857
New Jersey Possession of a Fake ID – you may be able to avoid a criminal conviction
Don’t let an error in judgment permanently impact your future. The criminal defense lawyers at Clark, Clark & Noonan, LLC have represented hundreds of clients charged with possession of a fake ID (identification) which is technically known as Tampering with Public Records or information, contrary to N.J.S.A. 2C: 28-7.
Our certified criminal trial attorney and former prosecutors have handled thousands of these types of cases in and around the New Jersey Shore for well over 30 years. Our attorneys have been repeatedly successful in having the charge amended to a non-criminal town code or borough ordinance violation with a fine as the only consequence. We will be able to help you avoid a criminal record. In some cases, our lawyers have even been able to get the charges dismissed.
Possession of a Fake ID Arrest– Can I have it removed from my record?
If you have been convicted for Possession of a fake ID in NJ pursuant to N.J.S.A. 2C: 28-7 or were convicted of the amended town or borough ordinance violation, you will eventually be eligible for removal of the arrest and conviction from your record. Removal of an arrest or conviction from your New Jersey record is called an expungement. In addition to handling your criminal case for possession of a fake ID, our attorneys can also guide you in ultimately having your record expunged. Call for a free consultation today at (732) 303-7857.
The law in New Jersey is located at NJSA 2C: 28-7 and states as follows;
1. Offense defined: A person commits an offense if they;
- Knowingly makes a false entry in, or false alteration of, any record, document or thing belonging to, or received or kept by, the government for information or record, or required by law to be kept by others for information of the government;
- Makes, presents, offers for filing, or uses any record, document or thing knowing it to be false, and with purpose that it be taken as a genuine part of information or record, referred to in paragraph (1);
- Purposely and unlawfully destroys, conceals, removes, mutilates, or otherwise impairs the verity or availability of any such record, document or thing.
2. An offense under subsection a. is a disorderly person’s offense.
Charged with Possession of a Fake ID on the Jersey Shore – You May Have a Defense
The Warrant or Summons the police have signed against you for Possession of a Fake ID is nothing more than a charging document that requires you to go to court. It is not evidence of a criminal offense or crime. Whether you have been charged for using your Fake ID at D’Jais in Belmar, Bar A in Lake Como, the Parker House in Sea Girt, or any of the local bars in Wall, Belmar, Lake Como, Manasquan, Bradley Beach, Spring Lake Heights or Asbury Park, you may have a number of valid defenses in this case which could lead to your charges being dismissed. Contact our experienced criminal attorneys and former prosecutors to discuss your case at 732-303-7857 for a free consultation with a New Jersey criminal defense attorney at Clark, Clark, and Noonan.
What if I Don’t Have a Defense? – Do Not Worry the State Has the Burden of Proof
You may have been charged with Possession of a Fake ID in Wall, Belmar, Lake Como, Manasquan, Bradley Beach, Spring Lake Heights, Asbury Park, or some other New Jersey Shore town and are now extremely worried because you do not believe your actions are defensible. You may ask “does that mean I have to just plead guilty?” The short answer is “no”. As a defendant in a criminal case, you do not in any way have the burden to prove the case. In other words, you are presumed innocent and it is the State – the prosecutor – who has to prove your guilt beyond a reasonable doubt. The prosecutor has to subpoena witnesses for testimony and present evidence before the judge to prove each and every element of the offense against you beyond a reasonable doubt. If he presents insufficient evidence or if the Judge has a “reasonable doubt” then he must find you “not guilty.”
At Clark, Clark & Noonan, our criminal defense lawyers know when the State’s case is arguably weak and we know when the State will have difficulty proving its case. We also know when the State is in a position to drop your criminal offense and offer you a non-criminal charge. Sometimes, it is simple enough to argue that the State has not met its burden of proof even if you, possibly, committed the criminal offense of Possession of a Fake ID (Identification). In any event, we have been extremely successful in getting our client’s cases dismissed, amended to a non-criminal offense, or getting our clients into a diversionary program resulting in a dismissal just by arguing to the prosecutor and the Court that the evidence against you is weak or the witnesses relied upon by the prosecutor are not credible.
At Clark, Clark, and Noonan, we have the meaningful experience and pro-active criminal defense strategies that will put you in the best position to safeguard your rights and protect your future from a criminal record. Call us today for a free consultation and case assessment at (732) 303-7857.