|Possession of a Fictitious / Fraudulent License|
The possession of a fake identification card (i.e. license) can be charged as a misdemeanor or a felony based upon the type of faker identification card that is possessed. 625 ILCS 5/6-301.1 states that a fictitious license is any issued license or permit for which a computerized number and file have been created by the Secretary of State or other official driver’s license agency in another jurisdiction which contains false information concerning the identity of the individual issued the license or permit. Possession of a Fictitious License is a Class A misdemeanor with a maximum sentence of 364 days in jail and a maximum fine of $2500. These maximums are not the problem associated with these types of cases. Under most circumstances, jail will not be an issue. However, if the police officer sends the fake license to the secretary of state’s office, it is likely that your driving privileges will be revoked by the Secretary Of State’s office unless we are able to intervene. For that reason, it is paramount to speak to an experienced criminal defense attorney who frequently deals with alcohol related offenses.
Conversely, if you are charged with the possession of a fraudulent driver’s license or permit(625 ILCS 5/6-301.2), you will be facing a Class 4 Felony with a maximum jail sentence of 1-3 years in the Illinois Department of Corrections. A jail sentence is not likely in a possession of a fraudulent license case. However, like a possession of fictitious license charge, there is a likely scenario that the police officer will send the fraudulent license to the Secretary of State’s Office who will most likely revoke your driving privileges. Due to the serious consequences of felony charges and licensing issues, it is advisable to speak to the Law Offices of Steven J. Block and Associates immediately so that we try and mitigate the circumstances as soon as possible.