Practice Area
Fake ID Defense
A fake ID charge is one of the most common offenses facing college students in Ann Arbor, and one that many underestimate. It is not a simple ticket. Depending on how the charge is filed, it can be a misdemeanor or a felony, and a conviction can show up on background checks, affect professional licensing, and create complications with financial aid and university disciplinary proceedings. Acting quickly and thoughtfully at the outset of a fake ID case is the best way to protect your future.
Fake ID and Related Charges We Handle
- Misrepresentation of Age to Purchase Alcohol: MCL 436.1703(1)(a); misdemeanor, up to 90 days and $100 fine
- Possession of a Fraudulent ID: MCL 436.1703(1)(b); possessing an ID that falsely represents your age to obtain alcohol
- Using Another Person’s ID: using a friend’s or sibling’s real ID as your own
- Forgery / Fraudulent Document: MCL 750.248; creating or possessing a forged identification document; felony up to 14 years
- Identity Fraud: MCL 445.65; using another person’s identity for personal benefit; felony up to 5 years
- Minor in Possession of Alcohol (MIP): MCL 436.1703; often charged alongside fake ID offenses
How Michigan Fake ID Law Works
The charge filed depends on what you actually had and how you used it. Simply misrepresenting your age verbally or using a fake ID to purchase alcohol is typically a misdemeanor. But if the ID itself is a forged government document, a fraudulently manufactured driver’s license or state ID card, the forgery statute can apply, elevating the offense to a felony with up to 14 years in prison. Using someone else’s real ID can raise identity fraud issues. Understanding which statute you are actually charged under is the first critical step.
For first-time offenders, particularly in the Ann Arbor area, there are often diversion programs and deferred sentencing options that can result in dismissal of the charge upon completion of conditions. These outcomes are not guaranteed, but they are available for many clients and worth pursuing aggressively from the start.
Consequences Beyond the Criminal Charge
A fake ID conviction in Michigan can trigger a 90-day driver’s license suspension for a first offense. For University of Michigan students, there may be a parallel disciplinary process through the university’s student conduct office. For students on financial aid, a drug or alcohol conviction can affect eligibility. For those pursuing careers in law, medicine, education, or financial services, even a misdemeanor on your record warrants attention. Handling the case carefully from the start is much easier than trying to clean it up afterward.
How Chris Approaches Fake ID Cases
Chris handles fake ID cases with an understanding of what is at stake beyond the criminal penalty. He evaluates whether a diversion or deferral resolution is available, negotiates to keep the record clean where possible, and advises students on how to handle any concurrent university disciplinary process without making the criminal case more difficult. Ann Arbor Police and University of Michigan DPS actively enforce these laws in the downtown and campus entertainment zones, he knows the local enforcement patterns and how these cases move through 15th District Court.
Frequently Asked Questions
Is a fake ID charge a felony or a misdemeanor?
It depends on what you had and what statute the charge is filed under. Using a fake ID to purchase alcohol or misrepresenting your age is typically a misdemeanor. But if the ID is a forged government document, the forgery statute (MCL 750.248) applies, which is a felony carrying up to 14 years. Identity fraud charges (using another person’s identity) are also felonies. Knowing exactly what you are charged with, and under which statute, is the essential first step in evaluating your defense options.
Will this affect my driver’s license?
Yes. A conviction for misrepresenting your age to purchase alcohol under MCL 436.1703 triggers a mandatory 90-day driver’s license suspension for a first offense, and a 1-year suspension for a second offense. This is in addition to any fines or other criminal penalties. One of the goals in resolving these cases, through diversion, dismissal, or a negotiated reduced charge, is avoiding or minimizing this license consequence.
Can I keep this off my record?
For first-time offenders with no prior criminal history, there are often options that can result in dismissal rather than a conviction. Diversion programs through 15th District Court, deferral arrangements, and prosecutor agreements to dismiss upon completion of conditions are all possibilities that Chris pursues aggressively in these cases. They are not automatic, and they require an attorney to negotiate, but they are routinely available for clients who qualify.
I’m a University of Michigan student. What happens with the university?
A fake ID arrest can trigger a separate conduct process through the University of Michigan’s Office of Student Conflict Resolution, independent of the criminal case. The university process and the criminal process have different standards and different consequences. It is important to handle them in a coordinated way, because statements or admissions in one proceeding can affect the other. Chris advises students on how to navigate both processes simultaneously.
Your first consultation is free and completely confidential. Call (734) 335-0810 or contact us online to speak directly with Chris.