© 2019 by Law Offices of Michael F. Niznik

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Every case is different. Nothing on this site should be taken as legal advice for an individual case or situation. Viewing the information on this site, or sending a message to our firm through this site, does not create an attorney-client relationship and will not entail a confidential communication. 

UNDERAGE DRINKING &

FAKE IDs

PHILADELPHIA UNDERAGE

DRINKING LAWYER

The basics of underage drinking in Pennsylvania (18 Pa.C.S.A. 6308):

 

  • Anyone under the age of 21 years old who attempt to purchase, consume, possess or transport alcohol can be charge with an underage.

 

  • An underage drinking charge is a summary offense in Pennsylvania punishable by a maximum fine of $500.00 for a first offense and $1000.00 for a second or subsequent offense.

 

  • A summary offense is the lowest possible criminal offense in Pennsylvania, compared to misdemeanors and felonies.

     

     

Exceptions to the law:

 

There are a number of exceptions to an underage drinking charge. For instance, an individual is immune to the law if they call the police based on a good faith reasonable belief that another person needs immediate medical attention. This exception is often referred to as the Good Samaritan exception. There are other exceptions under the statute. Call our office to learn more. 

 

 

Will my license be suspended if I am found guilty?

 

PennDOT requires a 90 days license suspension for an underage charge; however, there are alternative pre-adjudication programs available in many jurisdictions. If you are admitted into the alternative pre-adjudication program, you are not technically found guilty of anything and many times will be able to keep your license intact.

 

 

Alternative Pre-Adjudication Programs

 

An alternative pre-adjudication program allows the disposition of a summary underage charge without a guilty plea. The magistrate can admit you to the program and, having an experienced attorney present for this phase of the case is an important step so that your are admitted to the proper program. Being properly admitted to the program is important so that an expungement of your record can occur.

 

 

Expungement of your Record

 

The Law Office of Michael F. Niznik regularly handles summary expungement matters. An expungement is the clearing of your criminal record. This must be done through a court order demanding that your criminal charges be destroyed. For more information on this process, see our Expungement Information page.

 

 

Second Underage Drinking Charge

 

A second underage drinking charge will keep you from being eligible for an alternative pre-adjudication program. In this instance, the fine will increase and a driver’s license suspension may take effect. However, there are a number of alternatives to a guilty plea and it is important to be represented by an experienced attorney who can negotiate on your behalf.

 

Contact Philadelphia Underage Drinking lawyer Attorney Michael F. Niznik for a free consultation regarding your charges.

PHILADELPHIA FAKE ID LAWYER

The basics of Carrying a False Identification Card (18 Pa.C.S.A. 6310.3)

 

  • A person under 21 years old can be charged if they are found to be in possession of an identification card which falsely identifies them as being 21 years or older.

 

  • The ID is false if it falsely identifies the person by their name, age, date of birth or photograph as being over 21 years of age.

 

  • The crime can also be charged against individuals who attempt to purchase alcohol using the ID of another person who is over the age of 21.

 

  • Carrying a False Identification Card is charged as a summary offense for a first violation and a third degree misdemeanor for a second or subsequent violation.

 

Penalty for Violating Fake ID Law

 

This crime is charged as a summary offense, the lowest tier criminal offense in Pennsylvania. A person found guilty of this charge will be may be sentenced to pay a maximum fine of $300.00 for a first offense, and a maximum fine of $500.00 for a second or subsequent offense.

 

Pre-Adjudication Disposition Program

 

When a person is charged under the Carrying a False Identification Card (18 Pa.C.S.A. section 6310.3) statute, the court may admit that person to a diversionary program. This program does not find the offender guilty and gives them a chance to have to have the charge expunged/cleared off of their record. The use of this program counts as a first offense meaning that if an offender is charged with Carrying a False Identification Card again, the second charge will count as a second offense even though they were found not guilty through the pre-adjudication program.

 

Expungement of your Record

 

The Law Office of Michael F. Niznik regular handles summary expungement matters. An expungement is the clearing of your criminal record. This must be done through a court order demanding that your criminal charges be destroyed. For more information on this process, see our Expungement Information page.

 

For a free consultation regarding your charges, contact Philadelphia Fake ID lawyer, Michael F. Niznik today.

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