Cited for Having a Fake ID

I am a new member and have no idea where to post a new thread, so I'm replying to this one hoping someone will answer.

My daughter and a friend went to a bar in Charleston sc and they are both 20 years old. they were sitting at the bar, no drinks in hand, and a police officer came up behind them and asked for there fake id's.

My daughter’s friend gave him hers and my daughter told the officer she didn't have one and handed him her Georgia driver’s license. The police office asked where her fake id was and she told him the bartender took it. The officer asked the bartender for the id and he told the police office he couldn't find it.

However, my daughter was given a ticket for a fake id when in fact the officer never saw her with one and only saw her actual license.

She has a court day coming up, any advice on how to handle this whole thing?

PLEASE HELP!

well, she did admit to having had one and used it to enter the bar or attempt to get a drink, right?

Neither. I think she attempted to order a drink and the bartender took it and didn't serve her.

Then the officer came in and asked them for their fake id's. My daughter told the officer she didn't have one and handed him her actual license. He asked her if she had one and she said the bartender took it.

The officer asked the bartender and he told the officer he couldn't find it.

So, without actually seeing it, isn't this just heresay? Sort of?

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=cgurley;334016]Neither. I think she attempted to order a drink and the bartender took it and didn't serve her.

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then I guess it would not be neither. It would be:
(quote from my post)

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attempt to get a drink,

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and, by her actions, she did admit to having one:

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The police office asked where her fake id was and she told him the bartender took it.

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so, I guess it would be both, not neither.

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Then the officer came in and asked them for their fake id's. My daughter told the officer she didn't have one and handed him her actual license. He asked her if she had one and she said the bartender took it.

The officer asked the bartender and he told the officer he couldn't find it.

So, without actually seeing it, isn't this just heresay? Sort of

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No, it would not be hearsay but it could be a killer for the states case. No evidence other than the testimony of the bartender but no support of that (other than what your daughter said). The bartender would have to testify it was a fake when in fact, maybe it was a friends that looks very similar to your daughter, but that is even illegal in some states, when using it in this manner.

I would suggest you speak with an attorney prior to her hearing. The lack of the fake ID may kill the states case but she may inadvertantly admit to some other illegal action while speaking to the court.

So, what happens if there is no bartender to testify?

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Quoting cgurley

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So, what happens if there is no bartender to testify?

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NO, don't do THAT!!! It's not worth it.

I truly hope you're kidding. That is not what I meant. Just saying, what if the bartender truly doesn't testify!!

Then the court will have to rely on the testimony of the officer to the events... a trained witness.

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Quoting cyjeff

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Then the court will have to rely on the testimony of the officer to the events... a trained witness.

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the police are not witnesses to anything. They cannot testify that there was a fake ID. They can only testify that the bartender told them there was a fake ID which, without physical proof, is very little.

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cgurley
Re: Cited for Having a Fake ID
I truly hope you're kidding. That is not what I meant. Just saying, what if the bartender truly doesn't testify!!

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Not his choice. The courts will simply subpoena him. If he refuses, they throw him in jail.

that is why I wrote what I did because there is no legal way for the bartender to not testify of the state wants him to testify.

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Quoting jk

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the police are not witnesses to anything. They cannot testify that there was a fake ID. They can only testify that the bartender told them there was a fake ID which, without physical proof, is very little.

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And the daughter's presence in a bar and her own statements.

If this was a bar that required an ID be shown for entry, then the police officer could testify to that.

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Quoting cyjeff

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And the daughter's presence in a bar and her own statements.

If this was a bar that required an ID be shown for entry, then the police officer could testify to that.

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Of course he can testify to the presence and her own statements and that is why I said her prior statements can be damning. As to requiring an ID to enter; he can testify that is what he was told or if there is a sign, he can testify to that but unless he observed ID being required, that is all he can testify about that. Even if he observed the action, he can only testify that while he was there, it was required. He cannot testify that it is always required unless he is always there to observe it.

OP is obviously going to be determined to be guilty of something, if it is actually illegal to enter a bar while under 21 or possibly some other law I have not considered, but possessing a fake ID, without the actual fake ID being presented, is going to be tough to prove.

that is why I suggest speaking with an attorney before her hearing. She could hang herself by saying the wrong thing.

The bar does require id. So, when my daughter gave the officer her drivers license the officer asked how she got in and that is when she said the bartender took it. He then asked why he let her stay in? She had no answer.

But going back to what jk says regarding no proof of the id. I like the sound of that. Granted her intent was to drink (underage) but she wasn't charged with underage drinking or MIP, only the fake id, which he never saw.

So, I guess it is possible, with an attorney, that this may turn out okay?

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Quoting Shadowdrifter

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That's not quite what you said earlier:



Was she attempting to purchase alcohol or was she merely just trying to get into a hangout area with her friends?

Let me ask you a question... Did you daughter have a fake ID?

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If, at any point, she said she had a fake id, she is going to have a difficult time.