Defending Student Fake ID Charges: BPD Enforcement and the Clerk-Magistrate Hearing

College students across Boston use fake IDs to enter a bar or purchase alcohol. It is reasonably viewed as a harmless ritual and a ticket to a fun night out. The Boston Police Department (BPD) and the local courts, particularly the Boston Municipal Court, do not share this view.

A student caught with a doctored driver’s license, or the driver’s license of another person, faces criminal charges alleging fraud and misrepresentation, most often forgery or misuse of an RMV document under MGL chapter 90, § 24B. These offenses can alter academic standing, driving privileges, and create a criminal record.

However, an accusation is not a conviction. Serpa Law Office specializes in intercepting these charges before they become public.

Below is how the BPD enforces fake ID laws. We also explain why Boston bars, clubs, restaurants and liquor stores cooperate, and how the Clerk-Magistrate hearing process in Boston Municipal Courts (BMC) can keep these matters private.

The Boston Licensing Division Enforcement: The BPD Licensed Premises Unit

Criminal law enforcement of students caught with fake IDs comes from the economics of Boston nightlife. A restaurant or pub’s liquor license in Boston is a valuable asset, often worth hundreds of thousands of dollars. The Boston Licensing Board exercises strict oversight over bars, clubs, and liquor stores. An establishment is caught serving minors can face severe fines or the suspension of their ability to operate.

The Boston Police Department use the Licensed Premises Unit to oversee and enforce liquor laws. This is a specialized division of plainclothes detectives whose primary job is to conduct unannounced walkthroughs of bars and clubs in high-density student neighborhoods.

Because the financial risk to the establishment is so high, bouncers and bar managers cooperate with the police. They use digital ID scanners and confiscate suspected fake IDs at the door. Even if the police are not onsite, bars will routinely collect these confiscated IDs and turn them over to the BPD in batches. The BPD will then trace the real identity of the student and send the student a criminal summons by mail weeks, and sometimes months, later.

The Legal Reality: Felony vs. Misdemeanor

The BPD issues a summons for a fake ID typically applying for one or both of two charges, felony and misdemeanor:

1. Misdemeanor (M.G.L. c. 138, § 34B): Using, carrying, or altering a false ID to purchase alcohol.
2. Felony (M.G.L. c. 90, § 24B): Falsely making, stealing, or possessing a counterfeit Massachusetts RMV document (including another state’s driver’s license).

Boston police will frequently apply for the felony charge even for a simple fake ID used at a college bar. A student who is convicted or even accepts a “Continuance Without a Finding” (CWOF) risks suspensions their driver’s license for 180 days, a criminal record, school discipline and other consequences.

The Jurisdictions: BMC Brighton and BMC Central

The geography of Boston’s student nightlife funnels the vast majority of these cases into two specific courthouses:

• BMC Brighton: This court handles offenses originating in the Allston/Brighton neighborhoods, making it the primary venue for students from Boston College and Boston University.
• BMC Central: Located downtown, this court handles offenses from Faneuil Hall, the Financial District, and the North End, frequently processing students from Suffolk University, Emerson College, and Northeastern.

Both of these courts process a high volume of student offenses. The judges and magistrates expect defense attorneys to present comprehensive, solution-oriented strategies rather than simple apologies.

Strategic Containment: Keeping It Private at the Clerk-Magistrate Hearing

Privacy is the ultimate goal for a college or university student. A public criminal record (CORI) imperils your future in grad school or the job. It can also trigger university disciplinary action, housing restrictions, and the loss of internships.

The mechanism to ensure this privacy is the Clerk-Magistrate (Show Cause) Hearing. Most fake ID cases begin with a summons rather than a custodial arrest. As such, a student is entitled to this private hearing before formal charges are issued.

This is the critical interception point.

• No Arraignment, No Record: If the Magistrate issues the complaint, the case moves to arraignment in open court. The charge is entered onto the student’s CORI and a criminal record is created. Resolving the case at the Clerk-Magistrate level avoids the complaint. There is no arraignment, no CORI entry, and the matter remains entirely off the public record.
• The Defense Strategy: Do not walk into these hearings arguing that the student is innocent of possessing the ID. Instead, present the Magistrate with a disproportionate outcome defense. Serpa Law Office provides academic transcripts, character letters, and proof of the student’s hard work, and their trajectory and future.
• Diversion: We negotiate a dismissal or that the court hold the complaint in a pending, private state. Once completed, the application is dismissed privately. No criminal record is generated.

Take Decisive Action

A summons for a fake ID is a first step in a criminal prosecution.

Serpa Law Office specializes in addressing these cases in all major college cities in the Bosto area, including the BMC Brighton and BMC Central courts and the Cambridge and Somerville District courts. We have a deep understanding of rules and culture of those courts. We provide the resolute, discreet advocacy required to cut off these charges and ensure a single lapse in judgment does not become a permanent barrier to a student’s future.

Contact Serpa Law Office today. We will outline a smart defense strategy to protect your record, your license, and your academic standing.

• Call 24/7: (617) 936-0201
• Boston Office: 20 Park Plaza #400A, Boston, MA 02116