Fake ID Possession in Massachusetts and Boston Municipal Courts

Avoiding a Criminal Record and a Felony Case : Boston Municipal Court Fake ID Defense in Brighton and Central Division

Boston is a world recognized college town. We are home to hundreds of thousands of university students. For many young adults, acquiring and using a fake ID to enter a bar or to buy alcohol feels like a harmless college tradition. However, the Boston Police Department (BPD)’s licensing division 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 perilous 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. The Boston Police Department, and their licensing division in particular, ordinarily charges fake ID possession under General Laws Chapter 90, section 24B which criminalizes possession or misuse of a false or stolen RMV document, including a drivers license. A conviction can result in a permanent felony criminal record, a suspended driver’s license, a no-fly list entry and university disciplinary action. All of this can derail your education and future career.

Clerk magistrate hearings are a narrow window of opportunity to protect your future. Attorney Joe Serpa has deep, specialized experience in intervening early to resolve these cases quietly and privately, saving college and university students from the consequences of a public criminal record.

How You Got Caught: The BPD Licensing Division

The Boston Police BPD Licensing Division operates differently than more traditional police patrols and detectives. 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. Their investigations do not ordinarily end in arrests. Instead, they confiscate license or recover licenses previously confiscated by these establishments, many of which have ID scanners that detect fake IDs provided by the BPD.

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. They also work with Boston clubs and bars to inspect suspected fake IDs using computerized detection devices.
3. Even with no onsite check, bars, clubs and liquor stores work with the BPD to turn over IDs the establishments have confiscated without BPD being onsite.
4. The Confiscation and Questioning: If they decide or 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.
5. 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 later is a Summons for a Clerk Magistrate Show Cause Hearing. It is the official beginning of a criminal prosecution against you. With Serpa Law Office, it will also be the end of the case.

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 do not charge these as minor liquor infractions. The BPD charges students under strict Massachusetts felony and motor vehicle laws, dramatically raising the stakes.

• Possessing or Using a False or Stolen 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 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. While prison is unrealistic for first offenders, a felony record is a real risk.
• 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

A summons in the mail with no arrest is hopeful. You have not yet been formally charged with a crime and no criminal record has been generated. The summons directs you to attend a Clerk Magistrate’s Show Cause Hearing.

This is a closed-door, preliminary proceeding. Its formal 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 schedule to appear in a courtroom to be formally arraigned before a judge. A public criminal record (CORI) is instantly created when you arrive and are arranged.
• 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 routinely represents clients in these cases in the Boston Municipal Court, more often the Brighton Division and the Central Division. Mr. Serpa has spent decades observing and learning the nuances of the Boston municipal and district courts, with deep experience representing clients at the Clerk Magistrate level to ensure these felony allegations are handled quietly and privately.

Attorney Serpa’s proven strategy involves:

• Humanizing the Student: Serpa Law Office prepares a comprehensive, compelling profile of the accused. By presenting university transcripts, character references, proof of volunteer work, and personal achievements, Mr. Serpa 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: Using 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.

Call Serpa Law Office for Fake ID Defense

If you or your college student has had an ID confiscated by the BPD Licensing Division, Mr Serpa will use his experienced, proactive skill and reputation 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.