From my caseload alone, I have seen a large increase in the amount of Fake ID cases in the Iowa City area, as compared to prior years. I am sure this is due to the ease at which students can now obtain completely fake ID’s from Internet sources.
This prompts me to publish another review of the “fake ID” laws in Iowa.
“Fake ID” charges in Iowa can come in a few different forms. The most prominent form of this crime is the one I refer to above, which is “possession of a fictitious ID.” This is a serious misdemeanor, punishable by up to one year in jail and a fine of $1,875.00.
Before this summer, it was common for me to reach a plea agreement with the Johnson County Attorney’s Office where we would exchange a plea of guilty for a recommendation for a deferred judgment. However, this has recently changed.
As of the date of writing of this blog, the County Attorney has changed her stance on this charge and will no longer be recommending deferred judgments. This, I assume, is in response to the massive increase of this type of charge.
Now, the case must be pled with an “open plea” which sets the case for sentencing before a judge. To obtain a deferred judgment, the defense counsel must convince the judge why the defendant deserves the deferred judgment instead of a conviction.
This makes the case more difficult to handle, and places a greater burden on the defendant and defense counsel.
The other potential ID crime is Misuse of ID/DL, which technically is not a “fake ID” crime. It is a real ID crime, that is committed when a defendant uses a real ID that is not their own. This is a much lighter level of crime, only being a simple misdemeanor with a set fine and no chance for jail time. Also with this simple misdemeanor charge, mere possession is not enough. The state would have to prove that this real ID was mis-used.
The Misuse of ID/DL crime does not have the option for a deferred judgment, however.
If you have questions regarding a recent Fake ID charge in Iowa City, please contact my office.