Many minors attempt to use fake IDs to buy alcohol, enter bars or clubs, or engage in other age-restricted activities. While this behavior may seem like a harmless act or a rite of passage, know that possessing or using a fraudulent identification card is a criminal offense in Colorado. Juveniles caught with a fake ID can face fines, probation, community service, and even a suspended driver’s license.
Denver Lawyer for Fake ID Charges
If your child has been charged with possession or use of a fake ID in Colorado, don’t ignore the legal consequences. A conviction can impact college applications, job prospects, and driving privileges. Even first-time offenses can lead to serious penalties, if the circumstances of the arrest include belligerence or assault.
Contact the Law Office of Matthew A. Martin, P.C. today at (303) 725-0017 for a confidential consultation and take the first steps toward protecting your child’s future. Matthew Martin represents clients on charges for Fake ID charges throughout the state of Colorado, including the city of Denver in Denver County, and the surrounding areas in the Front Range region including: Brighton in Adams County, Centennial and Littleton in Arapahoe County, Castle Rock in Douglas County, Golden in Jefferson County, and Boulder and Longmont in Boulder County.
Overview of Fake ID Laws in Colorado
- Fake ID Laws in Colorado
- Penalties
- Defenses
- Diversion Programs
- Consequences of Fake ID Convictions
- Frequently Asked Questions
- Hire a Lawyer for Fake ID Charges
Fake ID Charges under Colorado Law
Possession or Use of a Fake ID (CRS 42-2-309)
Under Colorado Revised Statute (CRS) 42-2-309, it is illegal for any person under 21 to possess, display, or use a fraudulent identification card or driver’s license.
Common reasons minors use fake IDs include:
- Buying alcohol, tobacco, or marijuana
- Entering bars, nightclubs, or casinos
- Purchasing lottery tickets or other age-restricted items
Misrepresentation of Age (CRS 18-13-122)
Minors do not need to have a physical fake ID to be charged. Lying about your age verbally or in writing to obtain alcohol or other restricted items is also a crime.
- First offense: A petty offense, punishable by a $100 fine and mandatory alcohol education classes
- Second offense: A fine of up to $250 and community service
- Third offense: Harsher fines, probation, and possible license suspension
Forgery and Identity Theft (CRS 18-5-102 & CRS 18-5-113)
If a minor alters a real ID or creates a counterfeit ID, they may face forgery or identity theft charges, which are felonies with much harsher penalties, including:
- Felony conviction
- Up to 3 years in prison
- Fines of up to $100,000
Juveniles rarely face felony charges unless they are involved in manufacturing or selling fake IDs. However, repeat offenders or those caught with multiple fake IDs could face elevated charges.
Penalties for Minors Caught With a Fake ID
| Offense | Charge Type | Potential Penalties |
|---|---|---|
| Possession/Use of a Fake ID | Class 2 Misdemeanor | Up to $1,000 fine, probation, community service |
| Lying About Age to Buy Alcohol | Petty Offense | $100-$250 fine, alcohol education classes, community service |
| Creating/Altering a Fake ID | Felony | Up to 3 years in prison, fines up to $100,000 |
| Repeat Offenses | Increased Misdemeanor/Felony Charges | Harsher fines, probation, possible jail time |
A conviction for using a fake ID can also result in a suspended driver’s license for up to a year.
Juvenile Court & Diversion Programs
Juveniles charged with fake ID-related offenses may qualify for diversion programs, which allow them to avoid a criminal record by completing:
- Alcohol or drug education courses
- Community service
- Probation supervision
If the minor successfully completes the program, the charges may be dismissed.
Defenses Against Fake ID Charges
If a juvenile is charged with possessing or using a fake ID, a defense attorney may use several legal strategies, including:
Lack of Knowledge
If the minor did not know the ID was fake (e.g., someone gave them an altered ID without their knowledge), this could be a defense.
No Intent to Use the Fake ID
Simply possessing a fake ID is illegal, but intent to use it is often required for prosecution. If the minor never actually used the ID, charges may be reduced or dismissed.
Illegal Search and Seizure
If law enforcement searched a minor’s wallet, purse, or vehicle without probable cause, any evidence obtained may be inadmissible in court.
Mistaken Identity
If the police arrested the wrong person or misidentified the minor, this could serve as a defense.
First-Time Offender Consideration
For first-time offenders, a lawyer may negotiate a plea deal or diversion program to avoid a permanent criminal record.
Long-Term Consequences of a Fake ID Conviction
Even though fake ID offenses are common, a conviction can have long-term effects, including:
- A criminal record that can affect college admissions and job opportunities
- Driver’s license suspension, making it harder to get to school or work
- Disqualification from scholarships or federal student aid
- Potential immigration consequences for non-citizens
Many minors and their families underestimate the seriousness of a fake ID charge, but even a misdemeanor can have lasting effects
Frequently Asked Questions
Is it illegal for a minor to have a fake ID in Colorado?
Yes. Under CRS 42-2-309, it is illegal for anyone under 21 to possess, display, or use a fake ID. This includes altered driver’s licenses, counterfeit identification cards, or using someone else’s real ID to misrepresent age.
Can a minor lose their driver’s license for using a fake ID?
Yes. If convicted, a minor may have their driver’s license suspended for up to one year, even if the offense was unrelated to driving.
What if the minor was only holding the fake ID and didn’t use it?
Possessing a fake ID is illegal even if it was never used. However, an attorney may argue that the minor had no intent to use it, which could lead to reduced charges or case dismissal.
Can a minor be charged with a felony for using a fake ID?
In most cases, fake ID charges are misdemeanors. However, if a minor is involved in making, selling, or altering fake IDs, they could face felony charges for forgery (CRS 18-5-102) or identity theft (CRS 18-5-113).
What should a minor do if caught using a fake ID?
- Do not admit guilt or make self-incriminating statements.
- Remain polite but decline to answer questions without a lawyer.
- Contact a criminal defense attorney immediately.
- Explore diversion programs to avoid long-term consequences.
Can a fake ID charge affect college admissions?
Yes. A criminal record can impact college applications, scholarships, and financial aid eligibility. Some universities have zero-tolerance policies for drug- and alcohol-related offenses, including fake ID violations.
Can parents help get their child’s charges dropped?
Parents can support their child by hiring an experienced defense attorney who may negotiate for reduced penalties, case dismissal, or participation in a diversion program.
Will a fake ID charge stay on a minor’s record forever?
Not necessarily. A juvenile fake ID conviction may be sealed or expunged, especially if the minor successfully completes a diversion program or has no further legal issues.
Hire a Lawyer for Fake ID Charges
A fake ID charge doesn’t have to ruin a young person’s future. Whether fighting the charges, seeking a diversion program, or working to reduce penalties, the right legal strategy can help. Don’t wait until it’s too late. Call now to discuss your child’s legal options and secure the best possible outcome. Contact the Law Office of Matthew A. Martin, P.C. today at (303) 725-0017 for a confidential consultation and take the first steps toward protecting your child’s future.
Matthew Martin represents clients on charges for Fake ID charges throughout the state of Colorado, including the city of Denver in Denver County, and the surrounding areas in the Front Range region including: Brighton in Adams County, Centennial and Littleton in Arapahoe County, Castle Rock in Douglas County, Golden in Jefferson County, and Boulder and Longmont in Boulder County.