Mashpee, MA asked in Criminal Law for Massachusetts

Q: If my friend gets caught using my fake ID with my picture and real first qnd last name, can i get in trouble

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1 Lawyer Answer

A: Yes- if the fake ID purports to be any kind of a MA drivers license or MA ID then there is a charge of 'counterfeiting a registry document' or some -such that is actually a 10-year felony. DOn't panic, it is usually managed with a small fine. That statute also carries a license loss if convicted/found Guilty of the accusation on it. So, if you see anything related to this or from a Court in the mail, don't sit onit.

If the fake ID is from some other state, or just a made-up fake you might have better luck avoiding the problems.

While the consequences can be harsh, it is not my intention to scare you either. Most Courts will treat a 1st time offender with no prior record doing something silly like this more reasonably, especially if you are a college kid just havingit to get into clubs or bars. I just un-did a 30 year old conviction on this relative to a gun licensing issue where the sentence was 'Guilty, $200 fine'. The person lost his license for 1 year too.

You should get a lawyer involved before your arraignemnt or before the clerk's hearing. If it goes to a clerks hearing be sure to show up, preferably with a lawyer. The hearing is also referred to as a 'show-cause' which is where you can show cause why a criminal complaint should not issue. You may be able to obtain a dismissal or diversion if you have no record at this level at all.Even if a complaint were to issue, in the worst case scenario, it can possibly be 'continued without a finding', or you might be eligible to be 'diverted' out of the criminal process. This is where an experienced lawyer can make a real difference.There are many of us here on JUSTIA that handle these all the time. In April,2018 the governor signed alot of new legislation so that 1st time offenders and young adults could be diverted- which means no criminal record at all. Those variations largely depend on the local court, the knowledge and experience of your lawyer, and negotiating skills.

The new criminal justice reform package that may benefit you by diversion is described here:

https://willbrownsberger.com/final-criminal-justice-package-released/

Good luck-

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