Durham, NC asked in Criminal Law for North Carolina

Q: I threw away a fake foreign international passport someone did for me and the police found it. Would i be charged?

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1 Lawyer Answer
Bill Powers
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Bill Powers
Answered
  • Criminal Law Lawyer
  • Charlotte, NC
  • Licensed in North Carolina

A: If the police "found it," one would have to assume they're in the process of making inquiries. That may include a referral to the Federal Authorities.

Put simply, it's a BIG DEAL to have a fraudulent passport, international or otherwise. And yes, law enforcement on both federal and state levels take those criminal offenses seriously.

SEE: 18 U.S. Code § 1543

Whoever falsely makes, forges, counterfeits, mutilates, or alters any passport or instrument purporting to be a passport, with intent that the same may be used; or

Whoever willfully and knowingly uses, or attempts to use, or furnishes to another for use any such false, forged, counterfeited, mutilated, or altered passport or instrument purporting to be a passport, or any passport validly issued which has become void by the occurrence of any condition therein prescribed invalidating the same—

Shall be fined under this title, imprisoned not more than 25 years (if the offense was committed to facilitate an act of international terrorism (as defined in section 2331 of this title)), 20 years (if the offense was committed to facilitate a drug trafficking crime (as defined in section 929(a) of this title)), 10 years (in the case of the first or second such offense, if the offense was not committed to facilitate such an act of international terrorism or a drug trafficking crime), or 15 years (in the case of any other offense), or both.

SEE ALSO: 18 U.S. Code § 1546

(a) Whoever knowingly forges, counterfeits, alters, or falsely makes any immigrant or nonimmigrant visa, permit, border crossing card, alien registration receipt card, or other document prescribed by statute or regulation for entry into or as evidence of authorized stay or employment in the United States, or utters, uses, attempts to use, possesses, obtains, accepts, or receives any such visa, permit, border crossing card, alien registration receipt card, or other document prescribed by statute or regulation for entry into or as evidence of authorized stay or employment in the United States, knowing it to be forged, counterfeited, altered, or falsely made, or to have been procured by means of any false claim or statement, or to have been otherwise procured by fraud or unlawfully obtained; or

Whoever, except under direction of the Attorney General or the Commissioner of the Immigration and Naturalization Service, or other proper officer, knowingly possesses any blank permit, or engraves, sells, brings into the United States, or has in his control or possession any plate in the likeness of a plate designed for the printing of permits, or makes any print, photograph, or impression in the likeness of any immigrant or nonimmigrant visa, permit or other document required for entry into the United States, or has in his possession a distinctive paper which has been adopted by the Attorney General or the Commissioner of the Immigration and Naturalization Service for the printing of such visas, permits, or documents; or

Stop posting online. Retain legal counsel immediately.

Cole Williams in Durham is an EXCELLENT criminal defense attorney. He's also a personal friend and super nice guy. You may benefit from giving him a call.

Best of luck to you!

Bill Powers

Charlotte Criminal Defense Attorney

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