In Maryland, the possession of a fake ID is considered a misdemeanor. This is true whether the ID or driver’s license was stolen or manufactured. Misdemeanors typically have less serious consequences than a felony. However, if you are convicted, you still stand to incur life-changing penalties, including a permanent criminal record. Here’s what to know about fighting charges of possessing a fake ID in Maryland. Also, find out how to get the help you need to stand up for your rights under the law.
Maryland Fake ID Laws & Penalties
Possessing or attempting to use a fake ID is a misdemeanor charge according to Maryland's Transportation Code, Section 16-301. If you are arrested and charged with using a false ID in Maryland, you may be subject to $500 and incarceration in a county jail for up to 6 months.
Defenses Against Using a Fake ID
How your attorney chooses to defend you will depend greatly on the facts surrounding your case. Some of the most frequently used defenses for the possession of a fake ID include:
- You didn’t possess the ID. If you were not in actual possession of the ID, you could argue that no case against you exists. For example: the police stopped you and your friend, searched your friend’s bag, and found a fake ID with your picture on it.
- You had no intent to illegally use the ID. If you were in possession of an ID that wasn’t yours, but you didn’t intend to use it, charges could be dropped. An example of this is if you were found with your older sibling’s ID. You were simply holding it for them, without any intention of using it.
- You didn’t know the ID was fake. The burden of proof is on the prosecution. In fact, they are the ones who must prove you had knowledge that the ID was fake. If they lack evidence, you may be able to suggest that you didn’t know the identification was false.
Contact Whitehead Law Today
If you are accused of possessing or using false identification, it’s important to protect your criminal record and your rights under the law. Contact Whitehead Law today for more information about how to defend yourself with the help of an experienced criminal defense attorney by calling (302) 663-7975.