Category: Blog

What is a fake ID?

A fake ID refers to a kind of identification that doesn’t contain the real information of the holder. In some cases, the information may be altered or forged. Alternatively, a fake ID may be used to create a false identity of an individual. It is worthwhile to understand that using fake IDs is not a new phenomenon because they have been in existence for many years.

Fake IDs afford people privileges to things that they should normally not have been able to access. For instance, a teenager can use a fake ID to obtain alcohol. Otherwise, an adult can use a fake ID in Florida to rent accommodation, cash a check, and so on.

Can you go to jail for having a fake ID?

Having explained what a fake ID is, it is paramount to go back to the main question. Without mincing words, you can go to jail for using a fake ID. The possession of a fake ID is against the law. The laws punish individuals that both use a fake ID, as well as those with real IDs that don’t belong to them.

According to the laws, you can be punished with a jail sentence if you own, produce, use, or sell fake IDs. Similarly, you can be jailed if you alter the details of a real ID.

As stated by Florida Statute 322.212, it is illegal for anyone to “knowingly have in his or her possession or to display any blank, forged, stolen, fictitious, counterfeit, or unlawfully issued driver license or identification card.” This statute shows that having a fake ID is an offense that is punishable under the law. Therefore, if you own a fake ID, prosecutors may file charges that may put you in jail. 

In general, Florida law stipulates the following punishments for anyone caught with a fake ID in Florida:

• First offense
  • If you are caught with a fake ID in Florida for the first time, you can spend as much as 1 year in prison for the offense. In addition to the jail term, you may pay a fine of about $1,000.

• Second offense
  • For anyone caught with a fake ID a second time, they may be sentenced to up to 5 years in jail. Also, such an individual may attract as much as $5,000 in fines.

What can you do when caught with a fake ID?

If you are caught with a fake ID in Florida, you should understand the gravity of the offense and the possibility of spending some time in prison, especially if you have been arrested for it before. Whatever the case may be, don’t hesitate to contact our expert at Mitch Krause PA. We can assist in defending you against this charge. Our attorney is experienced and fully equipped with the knowledge of how fake ID laws work; hence, he understands the best way to help you in this situation.

Probate is the legal process of administering an estate after someone dies. In this way, your property passes directly to your beneficiaries. Probate includes the following:

• Proving in court that a deceased person’s will is valid
• Identifying and inventorying the deceased person’s property
• Property appraisal
• Paying debts and taxes
• Distributing property as directed by a will
• Transferring title and ownership of assets to the property beneficiaries

The executor or personal representative follows state law to wrap up the decedent’s affairs, including the following:

• Giving the proper notices to proper parties
• Collecting the decedent’s property
• Receiving claims against the estate
• Paying valid claims and disputing others
• Distributing estate property according to the will or state law

Selling estate property to cover debts or allow for proper distribution may also be necessary.

In a trust, a party known as the trustee has legal ownership of property transferred to him by the person making the trust (the grantor). Trust assets are invested and or managed for the benefit of one or more beneficiaries. A trust can be living, that is, established during the grantor’s lifetime, or testamentary, established in a will. A trustee can be either an individual or an institution, such as a bank.

State law uses a default will for anyone who dies without a will. Typically, the spouse and children of the person who died take the property. If there is no spouse and no children, the decedent’s parents take the property, followed by siblings, grandparents, and children of the grandparents. If no close relation can be found, the property eventually belongs to the state. Note, though, that as part of the probate process, the decedent’s creditors lay claim to the property after certain allowances for spouse and children.

While it may seem straightforward for you to draft your will yourself, personally drafted wills tend to be incomplete and are, therefore, invalid under state law. An attorney familiar with your specific state laws can legally draft a will that is valid under your state’s law.

A will protects your property and can especially be helpful if you want to distribute your property to people other than your relatives. Without a will, state law dictates the distribution of your property. The default plan normally distributes property to relatives.

Estate planning is the accumulation and disposition of an estate, typically to minimize taxes and maximize the transfer of wealth to the intended beneficiary. Estate planning tools include the will, trust, power of appointment, power of attorney, medical power of attorney, and living will.

In Florida, under some circumstances, you may be able to have a criminal record expunged, which means that the record is no longer available for most purposes and you can deny having been arrested.  However, an expunged record may be accessed if you apply for jobs in law enforcement or involving contact with children.  You may be eligible for expungement of records relating to a single arrest if you have never been found guilty of a crime, including the offense for which you are seeking expungement.  In other words, if the charges are dismissed or you are found not guilty, you may have your records relating to an arrest expunged.  To get an expungement, you will have to obtain a certificate of eligibility for expunction from the Florida Department of Law Enforcement.  After getting the certificate, you must file a court petition.  The court will decide whether to order your record expunged.  Juvenile records may be expunged in the same manner.  Also, juvenile records are expunged by the state of Florida when a juvenile offender reaches age 24 (age 26 for serious or habitual offenders).