Criminal Defense Lawyers

Possession Of Fake Id Minor Bpc 25661

You Got Caught With a Fake ID – Now What?

So, you got busted with a fake ID. It happens. But, take a deep breath. We’re here to help you understand what you’re facing and how to deal with it.First thing‘s first – let‘s look at the law you allegedly violated.

What is California Business and Professions Code 25661?

Under California Business and Professions Code 25661, it’s illegal for anyone under 21 to:

• Present a fake ID to a business for the purpose of buying alcohol or getting into an age-restricted venue
• Possess a fake ID, period

The code covers fake IDs that are completely fabricated, as well as real IDs that have been altered or borrowed from someone else.If you’re convicted of this misdemeanor offense as a first-time offender, you could face:

• A maximum $250 fine
• 24-32 hours of community service

For a second or subsequent offense, it goes up to:

• A maximum $500 fine
• 36-48 hours of community service

No jail time, but it creates a criminal record. And that’s just the start of the potential consequences.

Other Consequences of Getting Caught With a Fake ID

Beyond the direct penalties for violating 25661, there are some other major headaches you could be dealing with:

• Driver’s license suspension for 1 year, even if you weren’t driving
• Potential disciplinary action from your school, which can include suspension or expulsion
• A criminal record that could make it harder to get jobs, apartments, professional licenses, etc.
• Immigration issues for non-citizens

So, what do you do if you get hit with one of these things? It’s simple. Every single client deserves honesty and white glove service. At Spodek Law Group, we leave no stone unturned. We do everything possible to win. Everything we do is focused on getting you results.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Google rating score: 4.9 of 5, based on 736 reviews

Potential Defenses to Fight a Fake ID Charge

Just because you were charged doesn’t mean you’ll automatically be convicted. There are a number of potential defenses we can use to fight the case, such as:

• You didn’t know the ID was fake
• You had no intent to use the fake ID for any illegal purpose
• The ID was obtained through an illegal search/seizure
• You were actually over 21 at the time (which would make 25661 not apply)

The right defense depends on the specific facts of your case. That’s why we take a hands-on approach – researching every detail to build the strongest possible strategy.Our firm has excellent work ethics, and we constantly hold meetings to discuss all of our cases. In an emergency, we have a full team available to help you 24/7.

What to Do If You’re Facing Fake ID Charges

If you or your child has been charged with a fake ID violation, don’t go it alone. The consequences are too serious.Hire an experienced criminal defense attorney immediately. Many people are embarrassed about their situation and don’t want to talk openly about it. But we encourage full transparency so we can give you the best advice.At Spodek Law Group, we understand this is a difficult situation. Our criminal defense lawyers work hard to find a solution, regardless of the circumstances.We handle fake ID cases nationwide from our offices in NYC and Los Angeles. Schedule a consultation today to go over the details and let us start building a defense strategy.Prosecutors will only be fair if you fight back with skilled legal representation. Without an attorney, you could accidentally plead guilty when you had a chance to win. The only way to truly know is to hire a private criminal defense lawyer.Don’t let a fake ID charge derail your future. We’re here to help you get through this.

Fake ID Charges for Minors – The Basics

Now let’s dive deeper into the specifics of fake ID violations for minors under California law:

What Exactly is Considered a “Fake ID”?

Under 25661, a fake ID includes:

• Any completely fabricated ID
• A real ID that has been altered in any way
• Using someone else’s legitimate ID as your own

It doesn’t matter if the fake ID has accurate information like your photo and birthdate. If any part of it is false or misleading, it qualifies as a fake ID under the law.

What Scenarios Can Lead to Fake ID Charges?

Some common examples of situations where minors get charged include:

• Using an older sibling or friend’s real ID to buy alcohol or get into a bar
• Using a fake ID made with false information to make purchases
• Simply carrying a fake ID, even if you didn’t try to use it

As long as the ID meets the legal definition of “fake” and you’re under 21, just possessing it can be enough for charges.

What If I Didn’t Know It Was Fake?

A common defense is that you legitimately didn’t know the ID was fake or altered in any way. Maybe a friend gave it to you claiming it was real.If we can show you had no knowledge it was fake, we may be able to get the charges reduced or dismissed entirely. The prosecution has to prove beyond a reasonable doubt that you knew it was fake.

What If I Was Already 21?

If you were actually 21 or older at the time of the incident, then 25661 doesn’t apply since it’s specifically for minors.However, you could still potentially face other charges related to fake IDs, forgery, etc. The situation gets more complicated, so you’d definitely need an attorney.

What If the Fake ID Was Obtained Illegally?

In some cases, law enforcement obtains fake IDs through illegal searches that violate the 4th Amendment‘s protection against unreasonable search and seizure.If we can prove the ID was obtained illegally, we may be able to get it and any other evidence suppressed. Without admissible evidence, the case could get dismissed entirely.

But I Didn’t Actually Use the Fake ID!

Under 25661, it doesn’t matter if you tried to use the fake ID or not. Just possessing it is enough to get charged as a minor.However, if we can show you had no intention whatsoever of ever trying to use it illegally, that could help mitigate the charges in some cases.The prosecution has to prove you intended to use the fake ID for an illegal purpose like purchasing alcohol. No intent may mean reduced charges.

What If I Was Also Charged With MIP?

Many fake ID cases also involve charges of Minor in Possession (MIP) under California Business and Professions Code 25662.This applies if you were under 21 and had alcoholic beverages with you, in addition to the fake ID charge. The penalties stack for separate charges.We’d develop a strategy to try to beat both the fake ID and MIP charges together based on the specific circumstances.

I’m a Student – Will This Affect My Education?

Unfortunately, yes – universities and colleges tend to take fake ID charges very seriously. You could potentially face disciplinary action like:

• Suspension or expulsion
• Loss of scholarships or financial aid
• Probation
• Having to complete alcohol education programs

A conviction could derail your entire educational path, so it’s crucial to fight the charges aggressively. We frequently represent students dealing with fake ID cases and their unique concerns.

I’m Not a U.S. Citizen – Could I Face Immigration Issues?

For non-citizen students, including those with visas or green cards, a fake ID charge creates additional risks related to your immigration status.A criminal conviction, even for a misdemeanor, could potentially:

• Cause issues when renewing your visa or green card
• Raise questions about your “good moral character”
• Lead to revocation of your status in some cases
• Complicate future immigration processes like naturalization

As your attorneys, we’d work to get an outcome that has no negative impact on your immigration situation. But it’s another reason why you can’t just plead guilty without exploring all your options.

What If I’m Under 18 – Could I Face Juvenile Charges?

For minors under 18, fake ID charges often get processed through the juvenile justice system rather than adult criminal courts.Juvenile charges carry different potential penalties focused more on rehabilitation than punishment, such as:

• Probation
• Court-ordered counseling or classes
• Community service
• Juvenile detention (very rare just for fake ID)

However, you could still end up with a juvenile record that would be visible to colleges, employers, etc. So it’s just as important to fight the charges with an experienced juvenile defense lawyer.