Fake ID Law in Indiana by Criminal Attorney Jeff Cardella
If you have a Fake ID case in Indiana and need a top rated criminal defense attorney, call me at 317-695-7700 or email me for a free consultation. I have been a criminal attorney in Indiana for my entire legal career, was selected as one of the Top 100 Attorneys by the National Trial Lawyers Association, have served as a Judge pro tem, have nearly two decades of experience and taught criminal law at the IU McKinney School of Law.
Understanding Fake ID Charges in Indiana
Fake ID charges in Indiana encompass a range of offenses related to the possession, use, or distribution of false identification documents. These charges often arise in situations involving attempts to purchase alcohol, enter age-restricted venues, or engage in other activities requiring proof of age or identity. Indiana law treats these matters seriously, with classifications varying based on the specific circumstances and intent behind the actions.
In Indianapolis, where college campuses like IUPUI and Butler University contribute to a vibrant young adult scene, fake ID incidents frequently occur around popular nightlife areas such as Broad Ripple or downtown bars. Understanding the nuances of these laws is crucial for anyone facing such allegations in the Hoosier State.
Key Indiana Statutes Governing Fake IDs
Several statutes in the Indiana Code address fake ID offenses, each targeting different aspects of false identification use and distribution.
- IC § 35-43-5-2.5: False Government Issued Identification – This law makes it a Class A misdemeanor to knowingly or intentionally possess, produce, or distribute a document not issued by a government entity that purports to be a government-issued ID.
- IC § 7.1-5-7-1: Misrepresentation of Age – A Class C misdemeanor for minors to make false statements about their age or present fake evidence to obtain alcoholic beverages.
- IC § 7.1-5-7-2: Furnishing False Evidence of Identification – It is a Class C misdemeanor for a person to sell, give, or furnish to a minor false or fraudulent evidence of majority or identity with the intent to violate or assist in the violation of a provision of this title.
- IC § 7.1-5-7-3: Possession of False Identity – A Class C infraction for minors to possess false evidence of age with intent to violate alcohol laws.
These laws differentiate between simple possession, use for alcohol purchase, and providing fake IDs to others, allowing prosecutors flexibility in charging based on the situation.
Possession vs. Furnishing Fake IDs: Key Differences
Indiana law draws a clear distinction between possessing a fake ID and furnishing one to others, with different code sections and potential consequences.
Possession typically falls under IC § 7.1-5-7-3 for minors intending to violate alcohol laws, often charged as a Class C infraction. However, more serious possession cases may be elevated to Class A misdemeanors under IC § 35-43-5-2.5 if the ID purports to be government-issued.
Furnishing fake IDs, covered by IC § 7.1-5-7-2, is always a Class C misdemeanor. This applies to selling, giving, or providing false identification to minors with intent to facilitate alcohol law violations. In Indianapolis, this often involves older siblings or friends supplying IDs to younger individuals for events like concerts or sporting events.
The key difference lies in intent and scope: possession affects the individual, while furnishing impacts others and is viewed as more serious due to its potential to enable multiple violations.
Penalties and Classifications for Fake ID Offenses
Fake ID charges in Indiana are classified based on the nature of the offense, with penalties ranging from infractions to misdemeanors, and in rare cases, felonies.
- Class C Infraction: Typically for minor possession without use. Fine up to $500, no jail time.
- Class C Misdemeanor: For misrepresentation, furnishing to minors. Up to 60 days in jail, fine up to $500.
- Class A Misdemeanor: For possessing, producing, or distributing false government IDs. Up to 1 year in jail, fine up to $5,000.
- Level 6 Felony: In cases charged as forgery, up to 2.5 years in prison, fine up to $10,000.
Additional penalties often include driver’s license suspension for up to one year, particularly in alcohol-related cases. Courts may also order community service, typically 40-80 hours, and probation.
Long-Term Consequences of Fake ID Convictions
Beyond immediate penalties, fake ID convictions in Indiana can have lasting impacts on various aspects of life.
These offenses are often viewed as crimes of dishonesty, which can appear on background checks and affect job prospects, especially in fields like finance, education, or government. In Indianapolis, where many pursue careers in state government or major corporations, such records can hinder employment opportunities.
For students, convictions may lead to university disciplinary actions, potentially affecting scholarships, housing, or academic standing. Professional licensing boards for fields like nursing or law may scrutinize these records during application processes.
License suspension can disrupt daily life, impacting commuting to work or school. In some cases, convictions may affect security clearances or ability to obtain certain loans.
Why Seeking Dismissal is Crucial for Fake ID Cases
Pursuing dismissal of fake ID charges in Indiana is essential due to the long-lasting repercussions of even minor convictions.
As crimes of dishonesty, these offenses can tarnish one’s record, appearing on job applications and background checks years later. In competitive Indianapolis job markets, such marks can disqualify candidates from positions requiring trust or security clearances.
Dismissal prevents immediate penalties like fines, jail time, or license suspension while avoiding collateral consequences on education, housing, or professional licensing. It preserves future opportunities, allowing individuals to move forward without the burden of a criminal record.
In cases where dismissal isn’t possible, alternatives like diversion programs may offer ways to avoid conviction, emphasizing the importance of exploring all options in fake ID cases.
Common Scenarios Leading to Fake ID Arrests in Indianapolis
Fake ID arrests in Indianapolis often occur in predictable settings, particularly around areas popular with young adults.
Bars and nightclubs in districts like Mass Ave or Fountain Square frequently check IDs, leading to confiscations and police involvement when fakes are detected. Liquor stores and convenience shops may call authorities upon spotting suspicious documents.
College events at venues near campuses often involve ID checks, with stings by excise police targeting underage drinking. Traffic stops where officers request identification can reveal fake IDs in wallets.
Online purchases of fake IDs can lead to arrests if packages are intercepted, while sharing IDs among friends or siblings often results in furnishing charges.
Myths and Realities About Fake IDs in Indiana
Several misconceptions surround fake ID laws in Indiana, potentially leading to misguided decisions.
- Myth: Only using a fake ID is illegal; possession alone is fine. Reality: Mere possession with intent to use can result in charges.
- Myth: Fake IDs from other states are harder to detect. Reality: Trained personnel can spot fakes regardless of origin.
- Myth: Verbal misrepresentation isn’t as serious as showing a fake ID. Reality: Both can lead to similar charges under Indiana law.
- Myth: Convictions automatically disappear after turning 21. Reality: Records persist unless expunged.
Understanding these realities helps in making informed decisions and navigating legal challenges effectively.
Process After a Fake ID Arrest in Indiana
Following a fake ID arrest in Indiana, individuals typically face a structured legal process.
After initial detention and booking, release often occurs on bond or own recognizance. An initial hearing follows, where charges are formally read and pleas entered.
Pretrial conferences allow for negotiation, potentially leading to plea deals or diversion programs. If no resolution, the case proceeds to trial.
Throughout, opportunities exist to challenge evidence or seek dismissal. In Marion County, cases are often handled in community courts for minor offenses.
Understanding this process is key to navigating fake ID charges effectively in Indiana.
Contact My Office for a Free Consultation
If you have questions about Indiana’s Fake ID law, call me for a free consultation to discuss your case.
Phone: 317-695-7700
Email: jeffcardella@cardellalawoffice.com
Address: 350 Massachusetts Ave #357, Indianapolis, IN 46204
I handle cases throughout all of Indiana, including the Federal District Courts and the Seventh Circuit Court of Appeals. The main geographic areas that I practice law in are:
- Indianapolis, Indiana (for both Criminal Defense and Expungement)
- Noblesville, Carmel & Fishers, Hamilton County, Indiana (for both Criminal Defense and Expungement)
- Danville, Plainfield & Avon, Hendricks County, Indiana (for both Criminal Defense and Expungement)
- Franklin & Greenwood, Johnson County, Indiana (for both Criminal Defense and Expungement)
- Muncie, Delaware County, Indiana (for both Criminal Defense and Expungement)
- Bloomington, Monroe County, Indiana (for both Criminal Defense and Expungement)
- Anderson, Madison County, Indiana (for both Criminal Defense and Expungement)
- Lebanon & Zionsville, Boone County, Indiana (for both Criminal Defense and Expungement)
- Shelbyville, Shelby County, Indiana (for both Criminal Defense and Expungement)
- Martinsville, Mooresville & Morgantown, Morgan County, Indiana (for both Criminal Defense and Expungement)