Fraudulent Drivers’ Licenses and Identification Cards: Minn. Stat. § 609.652
Fraudulent Drivers’ Licenses and Identification Cards is a criminal offense under Minnesota Statute § 609.652, which addresses the illegal creation, possession, or use of fake or altered driver’s licenses and identification cards. In Minneapolis and St. Paul, this crime is particularly concerning as fake IDs are often used in underage drinking, identity theft, and other fraudulent activities. Minnesota law takes this offense seriously, with harsh penalties to deter such behavior and protect the integrity of the state’s identification system.
Statutory Language
Under Minnesota Statute § 609.652, it is unlawful for any person to:
“Knowingly or intentionally manufacture, produce, alter, or use a false or fictitious driver’s license or identification card or provide false information to obtain a driver’s license or ID card, with the intent to deceive or defraud.”
This statute covers a wide range of fraudulent activities, including creating fake IDs, altering legitimate identification documents, and using someone else’s information to obtain a fraudulent license or identification card.
Penalties for Fraudulent Drivers’ Licenses and Identification Cards
The penalties for violating Minn. Stat. § 609.652 vary based on the nature and extent of the fraud. Factors such as the number of fake IDs involved, the intent behind their use, and any additional crimes connected to the fraudulent identification can influence sentencing.
- Imprisonment: Offenders may face up to three years in prison, especially in cases involving large-scale production or distribution of fake IDs, or where the fraudulent documents were used in connection with more serious crimes such as identity theft or fraud.
- Fines: Individuals convicted under this statute can be fined up to $5,000, depending on the circumstances surrounding the fraudulent activity.
- Permanent Criminal Record: A conviction results in a permanent criminal record, which can affect future employment, housing, and eligibility for professional licenses.
Real-Life Examples in Minneapolis and St. Paul
Fraudulent drivers’ licenses and identification cards are often involved in various criminal activities in Minneapolis and St. Paul. Here are some real-world examples of how this crime occurs:
- Underage Drinking: A common use of fake IDs in Minneapolis is for underage individuals attempting to buy alcohol. Law enforcement has cracked down on bars and liquor stores, leading to multiple arrests and convictions under Minn. Stat. § 609.652.
- Identity Theft: In St. Paul, police uncovered a scheme where fake IDs were being manufactured and sold to individuals committing identity theft. The perpetrators were charged with creating fraudulent identification cards, as well as other fraud-related offenses.
- Fake License Rings: A recent case in Minneapolis involved a group producing and distributing fake drivers’ licenses to undocumented immigrants. Several members of the group faced charges under Minn. Stat. § 609.652for the mass production of false identification documents.
Defenses Against Fraudulent Drivers’ Licenses and Identification Cards Charges
Given the serious consequences of a conviction, defending against charges under Minn. Stat. § 609.652 requires a well-thought-out legal strategy. Common defenses include:
- Lack of Intent: The prosecution must prove that the defendant intended to deceive or defraud when creating, using, or possessing a fraudulent ID. If the defense can show that there was no intent to commit fraud, this may weaken the prosecution’s case.
- Mistaken Identity: In some instances, individuals may be falsely accused or wrongfully arrested in connection with fraudulent ID rings. The defense may argue that the accused was not involved in the creation or use of the fake identification.
- Unknowing Possession: If a person was unaware that the identification card they possessed was fraudulent, this can serve as a defense. For example, someone might unknowingly receive a fake ID from a third party.
Importance of Hiring an Attorney in Minneapolis and St. Paul
If you are facing charges for fraudulent drivers’ licenses or identification cards in Minneapolis or St. Paul, it is crucial to hire an experienced criminal defense attorney. These charges can result in significant legal consequences, including prison time, fines, and a permanent criminal record.
An attorney can:
- Examine Evidence: Review the facts of the case, including how the fake ID was obtained or used, to identify potential weaknesses in the prosecution’s case.
- Negotiate with Prosecutors: In some cases, a defense attorney can negotiate reduced charges or sentencing alternatives, especially for first-time offenders or minor infractions.
- Develop a Defense Strategy: A seasoned attorney will tailor a defense strategy based on the unique facts of the case, including arguing lack of intent, mistaken identity, or other defenses.
Frequently Asked Questions About Fraudulent Drivers’ Licenses and Identification Cards
What is considered a fake ID under Minnesota law?
A fake ID is any driver’s license or identification card that has been altered, forged, or created using false information, with the intent to deceive or defraud.
What penalties can I face for using a fake ID?
Penalties include up to three years in prison, fines of up to $5,000, and a permanent criminal record.
Can using a fake ID to buy alcohol result in jail time?
Yes, although first-time offenders may face lesser penalties such as fines or probation, repeated offenses or using fake IDs for more serious crimes can lead to jail time.
Is possessing a fake ID always a felony?
Not necessarily. The severity of the charges depends on the circumstances, including how the fake ID was used and whether the defendant has prior criminal offenses.
How do police prove intent in fake ID cases?
Prosecutors must show that the defendant knowingly used or possessed a fake ID with the intent to deceive or defraud another party.
Can minors be charged with using a fake ID?
Yes, minors can face criminal charges for using fake IDs, particularly when attempting to purchase alcohol or gain entry into age-restricted venues.
Can I lose my driver’s license if convicted of fake ID charges?
A conviction can lead to the suspension or revocation of your real driver’s license, depending on the circumstances of the offense.
What are common defenses to fake ID charges?
Common defenses include lack of intent, mistaken identity, or unknowing possession of a fraudulent identification card.
Can I be charged if I didn’t make the fake ID but just used it?
Yes, using a fake ID knowingly is a crime, even if you did not create or alter the document yourself.
Can I face additional charges if I used a fake ID for identity theft?
Yes, if you used the fake ID to commit additional crimes, such as identity theft or fraud, you could face multiple charges.
Are fake ID charges ever reduced to misdemeanors?
In some cases, particularly for first-time offenders, charges may be reduced to misdemeanors through plea bargaining or other negotiations.
How long does the state have to charge me with fake ID crimes?
The statute of limitations for fraud-related crimes in Minnesota is typically six years from the date the crime was committed.
Can I avoid jail time for a fake ID charge?
Depending on the severity of the offense and your criminal history, you may be eligible for alternative sentencing options such as probation, community service, or fines.
What should I do if I’m accused of possessing a fake ID?
Contact a criminal defense attorney immediately to assess your case and explore possible defenses.
Will a fake ID conviction affect my future?
Yes, a conviction can result in a permanent criminal record, affecting future employment, housing, and professional licensing opportunities.
Conclusion
Under Minnesota Statute § 609.652, creating, possessing, or using fraudulent drivers’ licenses and identification cards is a serious crime that can lead to significant legal consequences, including prison time, fines, and a criminal record. In Minneapolis and St. Paul, where fake IDs are often used in underage drinking and identity theft cases, law enforcement and prosecutors take these offenses seriously. If you are facing charges, it is essential to seek legal representation from an experienced attorney who can help you navigate the complexities of Minnesota’s legal system and build a strong defense.