Getting a fake ID can seem like a simple solution to go out with your friends, especially when they tell their stories of not getting caught. Unfortunately, when you get caught and start to think about the charges against you, you may worry.

Here’s what you should know about fake IDs and what happens if you get caught.

Is it identity theft?

Using fake identification is a crime, but typically it is not considered identity theft. While both crimes may involve using someone else’s ID, identity theft typically has additional elements, such as:

• Intent to obtain money
• Intent to harass the other person
• Intent to gain credit

Often, without the financial or harassment piece of the equation, using a fake ID is not identity theft. However, using a fake ID can still have serious consequences.

What happens if I’m caught with a fake ID?

Trying to use a fake ID can lead to issues now and in the future. Often fake ID offenders hope to pay the fine without any additional problems.

However, in Massachusetts, a fake ID charge very often leads to a suspended driver’s license. While you may not be worried about the fine, the suspension usually lasts for six months, which could make other aspects of your life complicated.

If you are dealing with fake ID charges, it is important to talk to an experienced professional. There are typically more options for dealing with criminal charges if you take the right actions as early as possible.

The incident gained national media attention. Police arrested the white student, and the court found her guilty of two criminal misdemeanors. The Hartford University President announced zero tolerance for campus bigotry and criminal misbehavior, and he expelled the white student.

Increase in student campus bias-motivated crimes

The FBI reported an overall U.S. increase in bias crimes. Of this increase, 9.9 percent were committed at schools or on college campuses. The most common bias-related college crimes are personal intimidation or assault. The report specified the bias motivations of campus crimes and their percentages:

• Religious bias: 12.6 percent
• Gender bias: 6.5 percent
• Gender identity and orientation bias: 12.8 percent
• Disability bias: 10 percent
• Racial bias: 9.4 percent
• Multiple biases: 9.0 incidents

In defense of student misconduct on college campuses 

It is unfair to judge young people too harshly. Students need reasonable sanctions when they misbehave. However, one instance of poor judgment by a student can result in serious and far-reaching consequences in life. Students who come from good families can make errors uncharacteristic of their normal morals and conduct. Not every student accused of a crime should receive sanctions that damage their future because of a momentary lapse in behavior. Students can also be wrongly accused of committing an offense or falsely accused regarding the severity of their behavior.

Every young person deserves representation by a legal professional who understands the student’s right to justice and fair treatment. Any student facing an accusation should immediately seek legal help to find off-campus resources experienced in investigating the truth and mitigating unreasonable sanctions.

If you or a loved one face campus disciplinary charges, it is important to understand the possible impact moving forward. Consider a few key facts.

FERPA

The Family Educational Rights and Privacy Act is in place to protect a student’s educational records. This act prohibits institutions from releasing a student’s disciplinary records without expressed consent. However, it is important to note certain circumstances exist under which the school may release the student’s records, such as:

• School officials for educational purposes
• Compliance with a subpoena order
• Officials for health and safety research or emergencies
• Schools a student seeks to transfer to

Along with disciplinary records, the school may also release a student’s demographic information without consent.

Code of conduct

Each college or university has its own code of conduct, which it must abide by. Granted, schools must first submit to any federal law, but the code of conduct takes precedent after that. The institution should detail the handling of the disciplinary process and any subsequent records within the code. Therefore, it may be beneficial to review the code of the school and speak with a knowledgeable attorney to understand what you are up against and your available options. 

Transfers

In the case that a student chooses to transfer after a disciplinary hearing, it is important to note that such infractions will surface during the transfer process. Whether the student is guilty or not, most school applications inquire about students’ involvement in disciplinary hearings. It is therefore up to the student to provide a clear disclosure of the facts involving the incident. This is especially important, seeing as most records will not provide details about the case.

These are just a few key things to consider in regards to the effects of disciplinary hearings on student records. Each case is unique, so take your time to review the laws, as well as the school’s policies, to determine what your best course of action may be.

When this happens, students may face both criminal charges from the government and disciplinary action from the schools they attend. Most people understand the need for a lawyer and defense plan for the first situation, but just as important is representation and preparation for the second. Otherwise, potential consequences include loss of housing, financial aid, scholarships, leadership positions and student status.

The challenge

While the justice system follows the same basic structure in every court of law, discipline varies from school to school and even from case to case within a college. Each place has its own code of conduct and penalties for breaking the rules.

Students may not be aware of all the intricacies of school discipline, but a lawyer experienced in college hearings will and can be beneficial in preparing properly for the event to achieve a fair outcome. Some places allow an attorney to be present during the hearing whereas others do not. In some cases, legal counsel can attend if serving in an advisory capacity.

Tips for the hearing

Students who must attend a hearing or other formal (or informal) procedure should follow these tips to increase the chances of favorable results:

• Attend all meetings and be on time.
• Read all relevant documents, such as the school’s code of conduct, to stay informed.
• Ask questions to ensure understanding of the accusations, process and possible penalties.
• Write down important statements about the details of the case to make before the audience.
• Prepare answers to questions that may come up in the hearing.

Results of the hearing are often final, so the more students prepare, the better the outcome is likely to be.