Why You Need a Fake ID Lawyer
Making or purchasing a fake California ID may seem like a good idea at first. You may have gotten it to join in with friends who were going to a club you weren’t quite old enough to get into, or you were trying to stay in the country and avoid deportation. Or perhaps you didn’t even realize the ID was fake. But that good idea can seem like a bad one in a hurry when you are caught and charged with possessing or using a fake California ID. This is where you need a Fake ID Lawyer to defend you.
Defending Against Fake ID and Minor Alcohol Offenses
BPC 25661, BPC 25658(b), and PC 470B
If you or your child is facing charges related to possession of a fake ID, minor in possession of alcohol, or fraudulent identification, you need an experienced criminal defense attorney who understands how to fight these cases and protect your future. At the Law Office of Bradley Corbett, I have been defending clients in San Diego County for 18 years, successfully helping young people, students, and professionals avoid serious consequences from fake ID-related charges.
Understanding Fake ID and Minor Alcohol Offenses in California
Several laws cover fake IDs and alcohol-related offenses in California, including:
- Business and Professions Code 25661 – Possession of a fake ID by a minor.
- Business and Professions Code 25658(b) – Minor consuming alcohol.
- Penal Code 470B – Possession or display of a forged driver’s license or government ID.
These charges are commonly filed against college students, tourists, and young adults in areas like San Diego, La Jolla, Pacific Beach, and Gaslamp Quarter when trying to buy alcohol, enter bars, or use someone else’s ID.
BPC 25661 – Possession of a Fake ID by a Minor
Under Business and Professions Code 25661, it is illegal for anyone under 21 to possess or attempt to use a fake ID to buy alcohol or gain entry into a bar, club, or liquor store.
Penalties for BPC 25661
This offense is a misdemeanor and carries penalties such as:
- A $250 fine (or more depending on circumstances)
- Community service of 24 to 32 hours
- Driver’s license suspension for up to a year
- A permanent criminal record if not properly handled
Many minors think using a fake ID is a harmless offense, but a conviction can have long-term consequences, including issues with employment, college admissions, and professional licensing.
BPC 25658(b) – Minor Consuming Alcohol in Public
Under Business and Professions Code 25658(b), it is illegal for a person under 21 to consume alcohol in a bar, restaurant, or other public place. Even if the alcohol was not purchased with a fake ID, merely being caught drinking in public as a minor can lead to legal trouble.
Penalties for BPC 25658(b)
- Fines up to $250
- Community service of 24-32 hours
- Driver’s license suspension
- Permanent mark on your criminal record
This law is often strictly enforced in nightlife areas like Pacific Beach, Downtown San Diego, and Mission Beach where law enforcement conducts routine ID checks and undercover stings.
PC 470B – Possession of a Fraudulent Government ID
Under Penal Code 470B, it is illegal to possess, use, or display a forged or altered driver’s license or government-issued ID. Unlike BPC 25661, which only applies to minors and alcohol-related offenses, PC 470B applies to anyone possessing a fraudulent government ID, regardless of age.
Penalties for PC 470B
- Misdemeanor penalties:
- Up to 1 year in county jail
- Fines up to $1,000
- Felony penalties (if charged as a felony):
- 16 months, 2 years, or 3 years in state prison
- Heavier fines and probation
A PC 470B conviction can have serious immigration consequences, affect professional licenses, and lead to ineligibility for certain jobs or federal aid.
Defenses to Fake ID and Minor Alcohol Charges
At the Law Office of Bradley Corbett, I have successfully defended clients facing BPC 25661, BPC 25658(b), and PC 470B using a variety of legal defenses. Some common defenses include:
1. Lack of Intent to Use the Fake ID
If you never actually presented the fake ID to purchase alcohol or gain entry, the prosecution may struggle to prove their case.
2. Unlawful Search and Seizure
If police illegally searched your wallet or purse without probable cause, the evidence could be thrown out.
3. Mistaken Identity or Borrowed ID
If someone else used your ID, or if you were wrongfully accused, I will fight to prove your innocence.
4. Entrapment by Law Enforcement
If undercover officers or bouncers coerced or pressured you into using a fake ID, I may argue entrapment as a defense.
5. Lack of Knowledge
If you unknowingly possessed a fake ID (for example, if a friend gave it to you without explanation), I can argue that you lacked criminal intent.
=
California Fake ID Laws
So what exactly are California’s fake ID laws? According to California Penal Code 470b PC, possession of a fake ID with the intention of using it to deceive someone is a crime. A person might be considered to possess a fake ID if they are physically carrying it on their body or clothes, or if it is in a place where you exercise control, such as your room, wallet, or inside your car.
A person cannot be charged for a fake ID unless there is proof of intent to deceive. Such proof might include changing the birthday on a California ID in order to buy liquor or get into a club. Another example might be to change the picture on a military ID in order to get military discounts. This type of crime can be charged as a misdemeanor or a felony, depending on the prosecutor and the situation.
What Is a Fake ID?
A fake ID is any driver’s license or government-issued ID card that has been counterfeited, copied, or changed in any way, usually with the intention of deception. Any alteration of a government-issued ID could technically be considered a fake ID. Carrying any of these fake IDs in California could be considered a crime:
- US passport
- Military ID
- State driver’s license
- Social security card
- Government employee ID
Penalties For Possessing a Fake ID in the San Diego Area
If you are convicted of possessing or using a fake ID, depending on the type of conviction, the punishment can be severe. You could face up to three years in prison and pay a $10,000 fine. According to California fake ID laws, you might also have your license revoked for up to a year, or be forced to wait an extra year before you earn your license.
If you are charged with a misdemeanor, you might be punished with up to a year in jail, community service, or fines of up to $1,000.
Those convicted of a felony for possession of a fake ID could spend up to three years in prison, receive formal probation, community service requirements, or fines of up to $10,000.
Defenses For a Fake ID in the San Diego Area
If you’ve been charged for possessing a fake ID in San Diego, there is no need to feel discouraged. Bradley R. Corbett and our legal team know some of the best ways to fight your case. We know California fake ID laws inside and out. We can create a defense tailored from the details of your case to help reduce or dismiss your charges.
One of the best ways to reduce California fake ID charges is by having a sound defense. Some of the various legal defenses against California’s fake ID law are:
- You did not know that the license or ID card was fake.
- You didn’t intend to commit fraud (meaning you didn’t intend to use it to deceive another person), or
- You didn’t actually possess the fake ID (meaning that while it may have been in your house, for example, it actually belongs to someone else)
