Fraud, Embezzlement, Bad Checks Using a friends ID

[Disabled Vet]

Question if i may,

State: Indiana

A college kid uses (attempts) to use his buddy ID to get into a night club. The door man is a under cover cop. Issued a ticket for possesion of false ID.

Is it a misdemeanor or felony in Indiana.


Thanks

 

[mightymoose]

If anything it is a misdemeanor, but I'm not sure it is anything at all.
The ID was real, just not his? What was the statute listed on the citation?

 

[mightymoose]

I was curious and looked it up.
As you describe it, technically this would result in an infraction for possession of the ID, even if it was real and belonged to someone else.
Use of the same ID in attempt to purchase alcohol would be a misdemeanor.
Since in your scenario the kid gets bounced at the door he never attempted to purchase alcohol he should only get the infraction citation.

 

[Disabled Vet]

Thanks for the reply..

Ticket Heading: Complaint and Summons
Indiana State Excise Police

Indiana Code number: blank district number (filled in) Permit number: blank
Incident report form number: blank County number (filled in) Cause number: blank
Type of court: City Judge: blank
then day of week, date, Name, Address, Driver Lic # all filled in with actual name

Did then and there, to wit at (location) Filled in

DID COMMIT THE FOLLOWING VIOLATION:
To Wit: Possession of False ID

Officers Name: Filled In.

Court Appearance:
I promise to appear in the following courtroom on the stated date or be subject to arrest.
Courtroom: *** City court
Address: Filled in
Day of week: Date: Month: Time: Written in When Notified

College kid age 20 walks to front door. Hands ID checker ID.. Checker asks for another ID, Kid states that is the only one he had. Checker then hands the ID to another guy that was an Indiana State Excise Officer. The officer asked student.... this isn't you is it.. Student states no... Then the Excise officer pulls out his badge. Then they walk out to the excise officers car. Excise officer asks for real ID so the kid hands him his proper ID. Then issued ticket.... So there was no entry into the night club. Nor was alcohol purchased or attempted to be purchased at that point.

Thanks again for reply

 

[army judge]

I know of no jurisdiction that simply CITES a person for a felony and releases the CITED individual.
If one receives a citation, its a misdemeanor or an ordinance violation.

 

[Disabled Vet]

Army Judge,
That is what i thought as well.... but <<<---- Hate that word

Note: Caution on using fake IDs:

Under certain circumstances, local prosecutors have used the criminal code rather than the alcoholic beverage code to prosecute users of fake IDs. Misdemeanor charges of "deception" and felony charges of forgery have been filed. Under federal law, possession or use of fake or altered driver's licenses, or state or federal ID cards can be punishable by a fine of up to $25,000 and/or a five-year jail term.

This is posted on the College website. So can the ticket be upgraded by the prosecutors?

Thanks again....

 

[army judge]

DV, the citation can't be changed. It can be dismissed and a person could subsequently be indicted by the grand jury. The persecutor could also seek to have the citation dismissed, and then arrest by complaint and warrant. Unless you've left something put, or missed a key point, I think the citation will remain an ordinance violation or a garden variety misdemeanor. So, lawyer up and defend yourself. The last thing one wants to do is plea to this type charge. The consequences of such a plea can be stunning years from now. If you can't afford a lawyer, plead not guilty, and ask for a public defender. Further, don't admit or confess to anything.
Just relax, stay off the radar, and let time pass.