Possession of a Driver’s License with an Altered Date of Birth in Tampa Bay

Possession of a driver’s license with an altered date of birth is a serious offense in Tampa Bay. Under Florida law, this crime falls under the category of fraudulent identification offenses, which can carry significant legal consequences. Understanding the legal framework, potential penalties, and defenses available is crucial for individuals facing such charges.

Legal Framework

In Florida, the possession of an altered driver’s license is primarily governed by Florida Statutes §322.212. According to this statute, it is illegal to knowingly possess, display, or present a driver’s license or identification card that has been forged, altered, or unlawfully issued. Altering the date of birth on a driver’s license is considered a form of document tampering and identity fraud.

The law distinguishes between altering your own identification and possessing an altered ID belonging to someone else. Both scenarios are criminal offenses, but the severity of the charges may vary depending on the specific circumstances.

Potential Penalties

Possession of a driver’s license with an altered date of birth can be charged as a third-degree felony or a second degree misdemeanor if someone possesses a drivers license with an altered date of birth under Florida law. The penalties for a third-degree felony include:

• Up to 5 years in prison
• Up to 5 years of probation
• A fine of up to $5,000

Common Scenarios

Many individuals charged with this offense are young adults attempting to purchase alcohol or gain access to age-restricted venues. However, the law applies equally to all individuals, regardless of age or intent. Even if the altered ID was not used to commit another crime, mere possession is sufficient for criminal charges.

Defenses to Charges

Several legal defenses may be available to individuals charged with possession of an altered driver’s license. These defenses may include:

1. Lack of Knowledge: The prosecution must prove that the defendant knowingly possessed an altered ID. If the individual was unaware that the date of birth had been altered, this can be a defense.
2. Lack of Intent to Defraud: Demonstrating that there was no intent to commit fraud or deceive can mitigate the severity of the charges.
3. Unlawful Search and Seizure: If the altered ID was discovered during an illegal search, the evidence may be inadmissible in court.
4. Mistaken Identity: In some cases, the defendant may not have been the person in possession of the altered ID, or the ID may have been planted or mistakenly attributed to them.

Importance of Legal Representation

Facing charges for possession of an altered driver’s license can be daunting. A conviction can have long-term consequences, including a permanent criminal record, difficulty obtaining employment, and loss of educational opportunities. Therefore, it is critical to seek legal counsel as soon as possible.

An experienced Tampa criminal defense attorney can evaluate the specifics of your case, identify potential defenses, and advocate on your behalf to achieve the best possible outcome. This may include negotiating for reduced charges, alternative sentencing options, or even dismissal of the case.

Frequently Asked Questions (FAQs)

1. Is possessing an altered driver’s license a crime in Florida?
   Yes it could be. Possession of an altered driver’s license is typically charged as a third-degree felony in Florida, which carries severe penalties, including up to 5 years in prison.
2. What if I didn’t know my ID was altered?
   Lack of knowledge can be a strong defense. If you were unaware that the date of birth or any other detail had been altered, your attorney can use this to challenge the charges.
3. Can I face charges if I never used the altered ID in Florida?
   Yes, simply possessing an altered driver’s license is a crime, even if you never used it to commit fraud or any other offense.
4. What should I do if I’m charged with possession of an altered ID in Florida?
   Contact a Tampa criminal defense attorney immediately. Legal representation is crucial to navigate the complexities of the legal system and protect your rights.
5. Will a conviction affect my future?
   Yes, a conviction for any crime can impact employment opportunities, educational prospects, and more. It’s essential to address the charges proactively with the help of an experienced attorney.

Contact Us for Legal Assistance

If you or a loved one has been charged with possession of a driver’s license with an altered date of birth in Tampa or Sarasota, our law firm is here to help. We specialize in criminal defense and have extensive experience handling cases involving fraudulent identification. Contact us today for a confidential consultation to discuss your case and explore your legal options.