OFFENSES INVOLVING FALSE GOVERNMENT DOCUMENTS—N.J.S.A. 2C:21-2.1
You have special training and expertise in creating copies of certain types of official documents. You and father Francisco down at the Newark Parish cook up a scheme to raise cash by printing up fake driver’s licenses for the many Mexican illegal aliens coming into the city. They will each pay the church $100.00 for a fake driver’s license and you will receive $50.00 for each fake driver’s license you provide. What a great gig! Unbeknownst to you, one of the illegal aliens is subsequently stopped by the police, charged with possession of a false driver’s license and subsequently tells the prosecutor where he got it. A few days later, the police knock on your door with a search warrant. Busted! Have you just committed a serious criminal offense?
a. “A person who knowingly sells, offers or exposes for sale, or otherwise transfers,
or possesses with the intent to sell, offer or expose for sale, or otherwise transfer,
a document, printed form or other writing which falsely purports to be a driver’s
license or other document issued by a governmental agency and which could be used as a means of verifying a person’s identity or age or any other personal identifying information is guilty of a crime of the second degree.
b. A person who knowingly makes, or possesses devices or materials to make, a
document or other writing which falsely purports to be a driver’s license or other document issued by a governmental agency and which could be used as a means of verifying a person’s identity or age or any other personal identifying information is guilty of a crime of the second degree.
c. A person who knowingly exhibits, displays or utters a document or other writing
which falsely purports to be a driver’s license or other document issued by a governmental agency and which could be used as a means of verifying a person’s identity or age or any other personal identifying information is guilty of a crime of the third degree. A violation of R.S.33:1-81 of section 6 of P.L. c. 313 (C.33-1-81.7) for using the personal identifying information of another to illegally purchase an alcoholic beverage or for using the personal identifying information of another to misrepresent his age for the purpose of obtaining tobacco or other consumer product denied to persons under 18 years of age shall not constitute an offense under this subsection if the actor received only that benefit or service and did not perpetrate or attempt to perpetrate any additional injury or fraud on another.
d. A person who knowingly possesses a document or other writing which falsely
purports to be a driver’s license or other document issued by a governmental
agency which could be used as a means of verifying a person’s identity or age
or any other personal identifying information is guilty of a crime of the fourth
degree.
e. In addition to any other disposition authorized by this Title…every person
convicted of or adjudicated delinquent for a violation of any offense defined in this section shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period to be fixed by the court at not less than six
months or more than two years, which shall commence on the day the sentence is imposed. In the case of any person who at the time of imposition of the sentence is less than 17 years of age, the period of the suspension of the driving privileges authorized herein, including a suspension of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period as fixed by the court of not less than six months or more than two years after the day the person reaches the age of 17 years. If the driving privilege of any person is under revocation, suspension or postponement for a violation of any provision of this Title or Title 39 of the Revised Statutes at the time of any conviction or adjudication of delinquency for a violation of any offense defined in this chapter or chapter 36 of this Title, the revocation, suspension or postponement period imposed herein shall commence as of the date of termination of the existing revocation, suspension or postponement.”
The answer to the questions is YES. You have arguably committed a second degree crime punishable by the imposition of monetary fines of up to $150,000.00, plus jail time for a minimum of five (5) years and a maximum of ten (10) years, presumptive seven (7) years, a criminal record, N.J.S.A. 2C:43-1, et seq., and a mandatory suspension of your driver’s license of a minimum of six (6) months and a maximum of two (2) years.
If you are charged with violation of sections a., b., c., or d., of N.J.S.A. 2C: 21-2.1, you need to retain the services of a skilled and experienced attorney to obtain a downgrade of the charges or an acquittal.
