Charged with Misrepresentation of Age?

Misrepresentation of age in the District of Columbia Misrepresentation of Age is a misdemeanor in the District of Columbia, codified at DC Code § 25–1002.   It is committed when someone under age enters  an establishment In the District of Columbia and falsely represent his or her age, or possess or present as proof of age an identification document which is in any way fraudulent.  It is also committed when the individual falsely represent his or her age, or possess or present as proof of age an identification document to obtain alcohol.  The Metropolitan police department (MPD) aggressively pursue underage individuals trying to enter establishments (restaurant or club) in which you must be 21 years of age. The police work with the establishment and are referred to as “cops in the shops.” Generally, the young person will have a fake identification and the security personnel are trained to look for security features that the fake identification does not have. The security officers will then alert the MPD, usually standing nearby and have the underage individual arrested.

The law in the District of Columbia For Misrepresentation of Age

The law states:

“(a) No person who is under 21 years of age shall purchase, attempt to purchase, possess, or drink an alcoholic beverage in the District, except as provided under subchapter IX of Chapter 7.

(b) (1) No person shall falsely represent his or her age, or possess or present as proof of age an identification document which is in any way fraudulent, for the purpose of purchasing, possessing, or drinking an alcoholic beverage in the District.”

Misrepresentation of age in the District of Columbia

Don’t worry the sky is not falling. Young people think the arrest will mess with their future goals and become overwhelmed with anxiety while awaiting their citation court date. Individuals arrested for misrepresentation of age in DC are released on personal recognizance to appear for citation arraignment before a Judge in DC Superior Court.

Community Courts in DC Superior Court

You will have your citation arraignment in either courtroom 115, 116 or 120. The Courtrooms are broken down by Districts. Unlike most criminal cases in the District of Columbia that are prosecuted by the U.S Attorneys Office, misrepresentation of age cases are prosecuted by the office of Attorney General in the District of Columbia.

So what will happen?

First and foremost, the chances of receiving a criminal conviction for misrepresentation of age is very low. That’s because individuals under the age of 22 are eligible for youth rehabilitation act. Furthermore, absent extreme facts (can’t imagine what facts) most individuals charged with misrepresentation of age in the District of Columbia are eligible for diversion. So if you are charged in the District of Columbia with misrepresentation of age call us and we will be more than happy to assist you.

What is the Penalty for Misrepresentation of Age?

Most individuals receive diversion.  If for some reason the case is not diverted the following are possible penalties:

  • Upon the first violation, a fine of not more than $300 and suspension of driving privileges in the District for 90 consecutive days;

  • Upon the second violation, a fine of not more than $600 and suspension of driving privileges in the District for 180 days; and

  • Upon the third and each subsequent violation, a fine of not more than $1,000 and suspension of driving privileges in the District for one year.

Will I have a Criminal Record for Misrepresentation of Age?

Upon the expiration of 6 months following the date of a conviction or a dismissal of a proceeding, or upon the expiration of 6 months following the date of arrest if no information was filed, any person who was arrested for, or criminally charged by information with, any offense under this section may petition the court for an order expunging from the official records all records relating to the arrest,

Rollins and Chan Law Firm

419 7th Street, NW Suite 405
Washington DC, District of Columbia 20004
United States (US)
Phone: 202-455-5610