Rhode Island Fake ID Attorney

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What Happens If You’re Caught with a Fake ID in Rhode Island?

Bar raids and undercover operations frequently target college campuses across Rhode Island, including Providence College, Brown University, Rhode Island College, Johnson & Wales, and the University of Rhode Island (URI).

You may be tempted to use a fake ID to gain access to age restricted places like a bar, to buy alcohol while you’re under 21 or to commit a crime. In Rhode Island, getting caught with a fake ID can lead to significant legal consequences. Although it may not seem like a big deal to use a fake ID, especially if you’re using it to get into a bar or buy alcohol, the legal consequences can get severe.

It is important that you don’t take fake ID charges lightly. If you receive criminal charges for a fake ID, you don’t have to fight them alone. You can have a Rhode Island criminal defense attorney, like the ones at Ellison Law LLC to represent you.

What Constitutes a Fake ID in Rhode Island?

In Rhode Island, a fake ID refers to any identification document, such as a driver’s license or state identification card, that does not have the name and date of birth of the person who is using it. Common scenarios include:

  • Using someone else’s legitimate driver’s license or ID (borrowed or bought).
  • Purchasing a counterfeit driver’s license online with altered birth dates or photos.
  • Altering the birth date on your own valid government-issued ID card.

Regardless of the intent, possessing, producing or using a fake ID is illegal in Rhode Island and can lead to significant criminal penalties.

Minors Using Fake IDs in Rhode Island

Using a fake ID in Rhode Island is a common but serious offense among minors, particularly for gaining access to bars or for purchasing alcohol. Police often target these cases, especially at the beginning of the school year, by conducting stings at popular bars and  making arrests for misrepresentation of age by minors.

Under Rhode Island General Laws § 3-8-6(a), it is illegal for anyone under the age of 21 to:

  • Enter licensed establishments: Go into any bar, club, or store licensed to sell alcohol for the purpose of buying or receiving alcoholic beverages.
  • Consume or attempt to buy alcohol: Drink alcohol on licensed premises, buy alcohol, try to buy alcohol, or have someone else buy it for you.
  • Misrepresent age: Lie about your age (or anyone else’s age) to get alcohol, including using fake or borrowed identification.

Specific forms of ID misrepresentation prohibited under the statute include presenting:

  • Someone else’s real ID, military card, or passport.
  • A driver’s license or privilege card issued by Rhode Island or another state.
  • A state-issued Rhode Island identification card.

Penalties for violating § 3-8-6 escalate with repeat offenses:

  • First Offense: $100–$500 fine, 30 hours of community service, and a 30-day driver’s license suspension.
  • Second Offense: $500–$750 fine, 40 hours of community service, and a 3-month license suspension.

Third and Subsequent Offenses: $750–$1,000 fine per offense, 50 hours of community service, and a 1-year license suspension.

What Happens if I Possess a Fake ID in Rhode Island?

Possessing a fake ID in Rhode Island is illegal under Rhode Island General Laws § 11-18-20.1. This law makes it illegal to possess an identification, such as a driver’s license, that features your photograph but contains someone else’s name or date of birth. If convicted of possessing a false ID under this portion of the law, you could face a fine of up to $500.

What Happens if I Hand in a Fake ID to a Public Official in Rhode Island?

Handing over a fake ID to an agent, employee, or public official is considered a criminal offense in Rhode Island, specifically a misdemeanor, under Rhode Island General Laws § 11-18-1, which makes it illegal to present a false or erroneous document.

If you knowingly present a document, like a fake driver’s license or someone else’s ID, to an agent, employee or public official to mislead them, you are violating state law. The act of physically handing over false documentation elevates the situation into a misdemeanor charge in this specific situation.

If convicted, under this law, you could face severe penalties, including up to one year in prison and fines reaching $1,000. Beyond immediate fines or jail time, a criminal conviction creates a criminal record that can negatively affect your future job prospects, housing applications, and educational opportunities.

What is Identity Theft in Rhode Island?

Identity theft in Rhode Island is a serious crime that occurs when someone unlawfully obtains and uses another person’s personal information like their name, Social Security number, credit card details or banking information, without the permission of the real person to commit fraud or other offenses. Typically, this crime is motivated by economic gain and it often involves deception or manipulation.

Under Rhode Island law, identity theft actions generally include:

  • Manufacturing or Altering IDs: Creating or modifying identification cards or false documents without legal authority.
  • Transferring False Documentation: Selling or handing over fake or stolen identification to others.
  • Possessing Multiple IDs: Holding five or more fake or unauthorized identification documents with unlawful intent.
  • Fraudulent Intent: Possessing fake IDs or financial records intending to defraud government agencies, businesses, or private entities.
  • Document-Making Equipment: Transferring or holding tools or equipment used specifically to produce counterfeit identification.
  • Unlawful Personal Information Use: Using someone else’s personal identification or financial information without permission to facilitate unlawful activity.

The penalties for Identity Theft are listed in Rhode Island General Laws § 11-49.1-4, which are the following: 

  • First Conviction: Up to 3 years in prison, a fine of up to $5,000, or both.
  • Second Conviction: 3 to 5 years in prison, a fine of up to $10,000, or both.
  • Third or Subsequent Conviction: 5 to 10 years in prison, a fine of at least $15,000, or both.

What is the Underage Alcohol Exception to Identity Theft (§ 11-49.1-3(b)):

Rhode Island General Laws § 11-49.1-3(b) carves out an exception that says the identity theft statute does not apply to individuals under 21 who present a false document solely to enter an establishment licensed for retail alcohol sales or to attempt to purchase/receive alcoholic beverages (these penalties are instead addressed under RIGL § 3-8-6).

Statute Offense Type Potential Penalties
RIGL § 3-8-6 Underage Misrepresentation Fines up to $1,000, 30–50 hrs community service, license suspension up to 1 yr
RIGL § 11-18-20.1 Possession of False ID Fine up to $500
RIGL § 11-18-1 False Document to Official Misdemeanor, up to 1 year in jail, fine up to $1,000
RIGL § 11-49.1-3 Identity Fraud / Theft Felony, up to 3 years in prison, fine up to $5,000 (Exemption applies for alcohol entry)

What is the Impact on College Students in Rhode Island?

College campuses across Rhode Island, such as Brown University, Providence College, the University of Rhode Island (URI), Rhode Island College, and Johnson & Wales, are frequent targets for bar raids and undercover police operations. Getting caught with a fake ID or receiving a court summons can lead to serious consequences, including:

  • A criminal record that shows up on background checks for internships, future jobs, and graduate school applications.
  • University disciplinary proceedings or student conduct hearings.
  • A suspended driver’s license, making daily commuting and travel much harder.

How Can Ellison Law LLC Help Defend Your Fake ID Case?

At Ellison Law LLC, our Rhode Island criminal defense lawyers understand how a single mistake can impact your future. We work aggressively to:

  • Negotiate dismissals or alternative resolutions to keep charges off of your record.
  • Avoid driver’s license suspensions whenever possible.
  • Assist with record sealing or expungement.

Fake ID Frequently Asked Questions (FAQs)

Will getting caught with a fake ID go on my criminal record in Rhode Island?

It depends on how the case is resolved. If convicted or handled improperly, it can appear on your criminal background check. Working with a Rhode Island criminal defense attorney can help secure an outcome that keeps your record clean.

Can my driver’s license be suspended for having a fake ID in Rhode Island?

Yes. Under RIGL § 3-8-6, misrepresenting your age to buy alcohol or enter a licensed establishment carries a mandatory driver’s license suspension for a first offense.

Do I need a lawyer for a fake ID summons in Rhode Island?

Having experienced legal representation ensures your rights are protected, options like diversion or dismissal are explored, and potential penalties like license suspension and criminal records can be mitigated.

What should I do if I get caught using a fake ID in Rhode Island?

If you are facing an investigation or charge for using a fake ID in Rhode Island, taking fast, informed action is critical to protecting your record. At Ellison Law LLC, our criminal defense team is ready to review your case, guide you through your options, and defend your rights. Reach out to our team today to see how we can help you.

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