What do you do if your student, fresh into adulthood, finds themselves faced with fake ID charges?
It often starts with a late-night phone call or an anxious text. For many parents of students at James Madison University or Eastern Mennonite University, learning that their child has been charged with possessing or using a “fake ID” is a moment of significant stress.
In college towns like Harrisonburg, law enforcement and Alcoholic Beverage Control (ABC) agents are vigilant. While a fake ID might seem like a “rite of passage” to a college student, in the eyes of Virginia law, it is a serious matter that can have long-term implications for a young person’s criminal record, driving privileges, and academic standing.
If you find yourself in this position, your role as a parent is vital. Here is a guide on how to navigate the legal and academic hurdles ahead with caution and clarity.
1. Know the Laws
The initial shock may lead to frustration, but the first step is to gather the facts. Ask your child for the specific code section cited on their summons. In Virginia, “fake ID” charges typically fall under several different statutes, and the specific charge matters significantly because the conduct involved (possessing, using, making, or distributing a fake ID) can determine both the applicable statute and the severity of the charge:
- Virginia Code § 18.2-204.1: Covers making, forging, or possessing fictitious or fraudulently altered identification documents. The conduct involved, whether your student merely possessed a fake ID or was involved in producing or distributing one, can dramatically affect how this charge is classified and prosecuted.
- Virginia Code § 4.1-305: Covers possession of alcohol by a person under 21, and includes misrepresentation of age to obtain alcohol.
This is not an exhaustive list. Depending on the specific facts, other statutes may apply.
2. More Than a Minor Offense
It is a common misconception that a fake ID charge is equivalent to a traffic ticket. In Virginia, many of these offenses are classified as Class 1 Misdemeanors and taken very seriously. However, certain conduct, particularly making or distributing fake IDs, can rise to the level of a felony. The specific charge your student faces matters enormously.
A misdemeanor conviction could result in:
- Significant fines.
- A criminal record.
- Driver’s license suspension under Virginia’s statutory framework, even if your student was not driving at the time of the offense.
- Potential community service requirements.
Because Virginia law is stringent, this should not be brushed off as a minor “learning experience” that will resolve on its own. Students facing these charges should respond thoughtfully and understand the steps involved in protecting their record.
A note on criminal records: Virginia’s expungement laws are limited, and a conviction, as opposed to a dismissal, may be difficult to have removed from your student’s record later. This makes the outcome of the case, and how it is handled from the start, particularly important.
3. Beware More Than Just the Court’s Charges
When a student is charged, they are often facing two completely independent disciplinary processes:
- The Criminal Justice System: This involves the local General District Court in the jurisdiction where the charge occurred, usually in Harrisonburg. Note that if the offense occurred elsewhere, during a trip to another city, for example, a different jurisdiction’s court will handle the case.
- The University Disciplinary System: Both JMU and EMU have strict student conduct policies regarding the use of false identification and underage drinking.
It is important to understand that these two processes are entirely separate. A favorable resolution in court does not automatically resolve the university’s internal investigation, and vice versa. Your student may need to prepare simultaneously for criminal proceedings and a hearing before the Office of Student Accountability. The strategies appropriate for each forum may also differ, which is one reason experienced legal counsel may be valuable.
4. Don’t Rely on “Internet Law”
Students often share anecdotes about friends who “just got a fine” or “had their charges dropped.” Every case is unique, and outcomes depend heavily on the specific facts of the encounter, the student’s prior record, and the jurisdiction.
As a parent, you can provide guidance by encouraging your child to be honest with you about the details of what happened, while discouraging them from discussing the case on social media or with friends. Statements made to third parties are generally not protected by attorney-client privilege and could surface in either the criminal or university proceeding.
5. Consult a Local Attorney
Laws regarding fake IDs and underage possession are nuanced, and the stakes — a criminal record, potential felony exposure for certain conduct, license suspension, and academic discipline — are real. An attorney who is familiar with the courts in Harrisonburg will understand the local procedures and the specific programs that may be available, such as first-offender diversion programs that can, in appropriate cases, help a student avoid a conviction on their record.
An experienced attorney can help evaluate the evidence, identify potential procedural issues, clarify which charges are in play and what they actually mean, and work toward an outcome that protects your student’s future career and educational opportunities.
You can reach our team for such help at cookattorneys.com/contact.
Disclaimer: The information provided in this blog post does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available in this post are for general informational purposes only. Information in this post may not constitute the most up-to-date legal or other information. Readers should be aware that statutes are subject to change and that the applicability of any law depends on the specific facts of a given situation. No reader of this post should act or refrain from acting on the basis of information in this post without first seeking legal advice from counsel in the relevant jurisdiction.
