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“Thanks Tara for always believing in me and making me feel like I was your only client. You made the impossible possible. Forever grateful.”

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Possession of Fake ID Lawyer in Belmar, NJ

As an experienced defense lawyer at The Law Office of Tara Breslow-Testa, I am committed to defending individuals accused of possessing false documents in Belmar, New Jersey. Possession of a fake ID might seem like a minor infraction, especially among high-school and college students and other young adults, but in New Jersey, it's a serious offense that can have long-lasting consequences. If you have been charged with Possession of False Government Documents (2C:21-2.1d) in Belmar and throughout Monmouth County, contact me right away for a free consultation. 

Every year as the weather gets warmer there are an increase of arrests down at the Jersey Shore over the summer months.  Underage kids cannot wait until they are 21 to enter D’Jais in Belmar and Bar Anticipation (Bar A) located in Lake Como.

Also, the Parker House in Sea Girt is a hot spot that takes measures to ensure no one underage enters their venue.  These arrests span all over the shore including bars in Beach Haven and Sea Bright as the security as the bars are becoming more savvy.   Tara Breslow-Testa has been representing those arrested for these types of offenses for over 20 years and she is committed  to defending the rights of individuals including those accused of possessing a fake ID in New Jersey. There is no reason why one mistake, that most kids seem to be doing,  should ruin their chances at getting a good job or entering a particular graduate school.  Possession of a fake ID might seem like a minor infraction, especially among college students and young adults, but in New Jersey, it's a serious offense that can have long-lasting consequences. I aim to explain the complexities of defending such charges and share insights on navigating the legal landscape to achieve favorable outcomes for my clients. 
Understanding the Charge of Possession of a Fake ID in New Jersey
In New Jersey, possessing a fake ID is typically prosecuted under N.J.S.A. 2C:21-17.2, which makes it a crime to knowingly possess a document or other writing which falsely purports to be a driver's license, birth certificate, or other document issued by a governmental agency and which could be used to verify one's identity, age, or any other personal identifying information. The implications of being found guilty can range from fines and community service to potential imprisonment, particularly if the fake ID is used for identity theft or other criminal activities.
Fake ID charges can also by prosecuted under NJSA 2C:28-7
NJSA 2C:28-7 pertains to the law in New Jersey regarding the unauthorized disclosure of confidential information by public servants. According to this statute, it is an offense for public servants, including government employees or officials, to release confidential information that they have acquired in the course of their official duties and that is not accessible to the general public. This law aims to protect the integrity and privacy of sensitive information handled by government agencies and ensure that such data is not misused for personal gain or to harm others. The statute underscores the importance of confidentiality in public service and seeks to uphold public trust in government operations.
Legal Challenges and Defense Strategies for Fake ID Charges in Belmar, NJ
Defending against a fake ID charge requires a multifaceted approach. One of the first aspects examined in these cases is the manner in which the ID was discovered by law enforcement. Constitutional issues often arise, particularly relating to the Fourth Amendment, which protects against unreasonable searches and seizures. If the ID was discovered during a search that violated the defendant's constitutional rights, it is possible to argue that the evidence should be excluded from the trial.

Another defense centers on the intent of the accused. Under New Jersey law, the prosecution must prove that the individual knowingly possessed the fake ID with the intent to use it unlawfully. There are instances where a person may have been unaware that an ID was fake or did not intend to use it to commit a fraud or deceive others. Proving lack of intent can significantly impact the outcome of a case.
Technological and Expert Analysis of Fake IDs
In today’s digital age, the creation and distribution of fake IDs have become more sophisticated, involving complex technologies and methodologies. Part of a robust defense might involve the detailed forensic analysis of the ID itself, which can help determine whether my client knew the ID was fraudulent. Expert testimony can be crucial in explaining to the court the nuances of how fake IDs are manufactured and the likelihood of an average person identifying such nuances.
Personalized and Aggressive Defense Against Fake ID Charges in Belmar
Each case of fake ID possession is unique, with its own set of circumstances and nuances. At The Law Office of Tara Breslow-Testa, we pride ourselves on providing personalized legal representation. We take the time to understand each client’s background, the circumstances surrounding their arrest, and their specific legal needs for Fake ID charges. This thorough understanding allows us to craft a tailored defense strategy that addresses the specific elements of each case.
Understanding the Legal Process of Fake ID Charges in Belmar, Monmounth County, NJ
Part of our role is to educate clients about the severity of the charges they face and the potential consequences. For many young adults, being caught with a fake ID is their first encounter with the criminal justice system. We guide them through the legal process, helping them understand their rights and the proceedings they are facing.

Depending on the facts of the case and the evidence against them, it could be beneficial to work out a deal with the Prosecutor.  We have been successful in getting the criminal charges lowered to non-criminal offenses.  There are diversionary programs available as well, which would eventually result with a dismissal.

The possession of a fake ID in New Jersey is not a charge to be taken lightly due to the potential severe consequences. With the legal expertise and compassionate approach of The Law Office of Tara Breslow-Testa, our clients can expect vigorous defense and dedicated advocacy to protect their future. If you or someone you know is facing fake ID charges, it's crucial to seek competent legal counsel immediately to ensure that your rights are protected and to potentially mitigate the repercussions that could follow from a conviction.


There are several ways law enforcement can charge someone who knowingly possesses a fake ID (driver’s license) or other government-issued document under New Jersey laws.   This could range from a disorderly persons offense, which would be handled in municipal court, to a felony offense which would be heard in Superior Court.  The following statutes are applicable: 

This is classified as a disorderly persons offense and the penalties for this offense include a maximum of 6 months in jail, 6 month loss of driving privileges and up to $500 in fines.  If someone is under the age of 21 and they use a fake ID or misrepresents their age to gain access to a bar they can be charged under this statute.  Another way a person is charged under this offense if they knowingly attempt to purchase alcohol and they are under the age of 21.  

Pursuant to this statute a person who knowingly possesses or sells a drivers license, birth certificate or other other government document can face very serious penalties.  A person charged under this offense could be charged with a serious felony.  It is imperative to seek counsel right away if charged under this statute.  

A person who knowingly possesses a document or other writing which is a false driver’s license, birth certificate or other document can be charged with a 4th degree charge.  

Pursuant to N.J.S.A. 2C:21-2.1(d), kids under the age of 21 who try to use a false ID to buy alcohol do not rise to the level of a felony, but can be charged with a disorderly persons offense.  

If a person misrepresents their age to gain access to a bar, this is considered a disorderly persons offense. When a person uses a fake ID to illegally purchase alcohol they can be charged with a disorderly persons offense.  Additionally, there is a risk that a person can be charged with a 3rd-degree felony charge if they knowingly exhibit, display, or utters a document with falsely purports to be a driver's license and it can be a 4th-degree offense if someone is assuming someone else’s identity.  
Loss of driving privileges.  Anyone who knowingly uses or possesses a fake ID is at risk of losing their driving privileges for 6 months and up to 2 years.  

I provide experienced criminal defense for fake ID charges in Belmar and throughout Monmouth County.

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