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Can a Fake ID Charge Be Dismissed in Massachusetts?

February 13, 2026 by Patrick Donovan

Yes — A Fake ID Charge Can Be Dismissed in Massachusetts

A fake ID charge dismissed in Massachusetts is possible — especially for first-time offenders. Many fake ID charges in Massachusetts are resolved through clerk magistrate hearings, diversion programs, or a Continuance Without a Finding (CWOF).

If you are facing charges, speaking with an experienced Massachusetts Fake ID Lawyer early can dramatically improve your chances of dismissal.


First: What Are You Actually Charged With?

Fake ID cases are usually filed under Massachusetts General Laws Chapter 138, Section 34B.

This law makes it illegal to:

  • Use someone else’s identification
  • Possess a false ID
  • Alter or transfer an ID
  • Provide false information to obtain one

But being charged does not automatically mean you will be convicted.


How Fake ID Charges Get Dismissed

There are several ways these cases are resolved without a conviction:

1. Clerk Magistrate Resolution (Before Arraignment)

If your case begins with a summons instead of an arrest, it may be possible to resolve the matter at a clerk magistrate hearing.

If handled correctly, the charge can be dismissed before arraignment — meaning:

  • No public criminal record
  • No conviction
  • No lasting court entry

Early intervention is critical here.


2. Pretrial Diversion

Learn more about how fake ID charges impact college students in Massachusetts. First-time offenders — especially college students — may qualify for diversion programs.

This typically requires:

  • No prior criminal record
  • Agreement to conditions
  • Possibly alcohol education

If successfully completed, the case is dismissed.


3. Continuance Without a Finding (CWOF)

A CWOF allows the case to be continued for a period of time (often 6–12 months).

If you comply with conditions, the case is dismissed at the end of the term.

However — license consequences must still be considered carefully.


4. Weak Evidence

Some fake ID cases collapse because:

  • There is no proof of intent
  • Police seized the ID improperly
  • There is insufficient evidence of “use”
  • The ID was not definitively proven false

These are legal and procedural defenses — not dramatic courtroom arguments.


What Most Students Don’t Realize

Even if the case is dismissed, the RMV may still suspend your license under M.G.L. c.90 §22(e).

That’s why dismissal strategy must be coordinated with license protection.

Winning in court but losing your license is not a real victory.


The Biggest Mistake Students Make

Pleading guilty just to “get it over with.”

A guilty plea triggers:

  • A one-year license revocation
  • A permanent criminal record entry
  • Possible school discipline consequences

You only get one first offense.

Do not waste it.


If You Want the Best Chance at Dismissal

You need:

  • Early representation
  • A strategy before arraignment
  • Someone familiar with how local courts handle college cases

Many fake ID charges in Massachusetts can be resolved quietly — but only if handled properly from the start.

Free Fake ID Case Evaluation

If you were charged with possession of a fake ID in Massachusetts, speak with a former prosecutor before your court date.

Call 617-479-1800 for a free, confidential consultation.

If you are facing a fake ID charge in Massachusetts, speak with an experienced Massachusetts Fake ID lawyer before your court date.

Protect your license. Protect your record. Protect your future.

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234 Copeland Street Suite 230
Quincy, MA 02169
Phone: (617) 479-1800
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