Fake IDs in Massachusetts: Forgery / Misuse of RMV Document in Boston Municipal Court

Boston Criminal Defense Lawyer

Boston is renowned worldwide as a premier college town, home to hundreds of thousands of university students. For many young adults, acquiring and using a fake ID to enter a bar or buy alcohol feels like a harmless college tradition. However, the Boston Police Department (BPD) and local prosecutors do not view it that way. In Boston, what starts as a momentary lapse in judgment on a Friday night can quickly escalate into a catastrophic legal situation.

If you have been caught with a fake ID, you are not just facing an “underage drinking ticket.” You are likely facing a serious felony charge. A conviction can result in a permanent criminal record, a suspended driver’s license, and severe university disciplinary action that could derail your education and future career.

Fortunately, there is a narrow window of opportunity to protect your future. Attorney Joe Serpa has deep, specialized experience stepping in early to resolve these cases quietly and privately, saving college and university students from the devastating, lifelong consequences of a public criminal record.

How You Got Caught: The BPD Licensing Division

Unlike standard uniformed patrol officers who respond to 911 calls, the BPD Licensing Division operates differently. This specialized unit consists of plainclothes detectives whose primary job is to monitor licensed establishments—bars, clubs, restaurants, and liquor stores—throughout Boston’s popular student neighborhoods, including Faneuil Hall, the Fenway, Allston/Brighton, and downtown.

1. The Unannounced Compliance Check: Detectives routinely conduct unannounced walkthroughs of these establishments. They blend in with the crowd and actively look for patrons who appear underage.
2. The Confiscation and Questioning: If they suspect an ID is forged, altered, or belongs to someone else, they will intervene. They will confiscate the ID, pull the student aside—often separating them from their friends—and question them on the spot.
3. The “Catch and Release” Summons: Students are rarely arrested, handcuffed, and thrown in the back of a cruiser for a simple fake ID. Instead, detectives usually take down the student’s information, send them home, and tell them to expect something in the mail.

Do not mistake this “catch and release” tactic for leniency. The piece of paper you receive in the mail a few weeks later is a Summons for a Clerk Magistrate’s Show Cause Hearing. It is the official beginning of a criminal prosecution against you.

The Reality of the Charges: You Are Facing a Felony

Many students and out-of-state parents assume that a fake ID simply results in a slap on the wrist. In reality, Boston police frequently bypass minor liquor infractions and charge students under strict Massachusetts motor vehicle laws, dramatically raising the stakes.

• Uttering or Using a False RMV Document (M.G.L. c. 90, § 24B): This is the most severe and common charge utilized by the BPD Licensing Division in these scenarios. Possessing, manufacturing, or using a fake driver’s license—or even borrowing an older sibling’s or friend’s real license—is a felony in the Commonwealth of Massachusetts. “Uttering” essentially means passing off a forged document as genuine. This felony charge carries a potential penalty of up to five years in state prison.
• Minor in Possession of Alcohol (M.G.L. c. 138, § 34C): This misdemeanor is frequently charged alongside the felony RMV document charge if the student was caught holding a drink when approached by the detectives.

The Hidden Collateral Consequences

Beyond the courtroom, a charge for a false RMV document carries severe, automatic collateral consequences that can alter the trajectory of a student’s life:

• The RMV Trap: If you simply go to court and plead guilty, or “pay a fine” to make the problem go away, the court automatically notifies the Registry of Motor Vehicles (RMV). A conviction under M.G.L. c. 90, § 24B triggers a mandatory one-year suspension of your driver’s license, even if you were nowhere near a vehicle when the ID was confiscated. If you are an out-of-state student, Massachusetts will report this to your home state, which will likely suspend your license there as well.
• University Disciplinary Action: Local universities (such as Boston University, Boston College, Northeastern, and others) regularly monitor local police logs. A felony charge will almost certainly trigger an investigation by your university’s Office of Student Conduct, potentially resulting in suspension, loss of university housing, or expulsion.
• Permanent CORI Impacts: A felony conviction, or even an open felony arraignment, goes on your Criminal Offender Record Information (CORI). This will be visible on background checks for graduate school applications (law, medical, and nursing schools), highly competitive internships, corporate jobs, and professional licensing boards. For international students, this can also trigger severe visa complications.

The Clerk Magistrate Hearing: Your Best Defense

If you have received a summons in the mail, there is a silver lining: you have not yet been formally charged with a crime. The summons directs you to attend a Clerk Magistrate’s Show Cause Hearing.

This is a closed-door, preliminary proceeding. Its purpose is for a Magistrate to determine if there is enough “probable cause” to issue a formal criminal complaint against you. This hearing is the most critical stage of your case.

• If the complaint issues: You will be sent to a courtroom to be formally arraigned before a judge. At the exact moment of arraignment, a public criminal record (CORI) is instantly created.
• If the case is resolved here: The complaint does not issue. You are never formally charged, you avoid an arraignment entirely, and your public criminal record remains completely clean.

How Attorney Joe Serpa Resolves Cases Privately

Attorney Joe Serpa understands that one youthful mistake should not dictate the rest of a promising young adult’s life. He has spent decades mastering the nuances of the Boston municipal and district courts, specializing in intervening at the Clerk Magistrate level to ensure these felony allegations are handled quietly and privately.

Attorney Serpa’s proven strategy involves:

• Humanizing the Student: Attorney Serpa does not just argue the cold letters of the law; he prepares a comprehensive, compelling profile of the accused. By presenting university transcripts, character references, proof of volunteer work, and personal achievements, he demonstrates to the Magistrate and the police prosecutor that the student is a hardworking young adult who made a foolish error, not a threat to public safety.
• Strategic Negotiation: Leveraging his deep experience and well-earned respect within Boston’s legal community, Attorney Serpa routinely negotiates alternative resolutions with BPD prosecutors before the hearing even concludes.
• Pre-Arraignment Diversion: This often involves an agreement where the student completes community service or an alcohol education program. In exchange, the Magistrate agrees to hold the complaint and ultimately dismiss it prior to arraignment.
• Total Protection: By successfully resolving the matter before it ever reaches a judge, Attorney Serpa protects the student’s CORI, shields their driving privileges from the automatic RMV suspension, and prevents the incident from becoming a public record that universities or future employers can find.

Take Immediate Action

If you or your college student has had an ID confiscated by the BPD Licensing Division, time is of the essence. Waiting until the court date to figure out a plan is a recipe for disaster. You need experienced, proactive counsel to begin preparing your defense immediately.

Contact Attorney Joe Serpa today for a confidential consultation to discuss how we can keep your record clean and your future intact.