Many people who enter the United States from other countries try to obtain licenses.
However, when they do, many put down on the application a different name or address in order to avoid having their true identity and legal status identified.
They believe that lying about their name or address is far better than being discovered and eventually deported back to their country of origin.
There is a big problem with this approach.
If you are an undocumented worker or immigrant and you lie on your driver’s license application, you are committing the crime of Offering a False Instrument for Filing (NY PL 175.30 and NY PL 175.35).
In the unique situation of those who enter the United States unlawfully, it is usually their direct intention to fool the DMV into thinking they are legally in this country and fully entitled to driving privileges.
This means that if you are caught doing this, you will likely be charged with the strictest penalty, Offering a False Instrument for Filing in the First Degree.
This is due to the fact that Offering a False Instrument in the First Degree requires the direct intent to defraud while the regular offense of Offering a False Instrument does not.
Most importantly, if you are charged with Offering a False Instrument for Filing in the First Degree, you can face up to four years in jail.
Once you are placed in prison, you can bet that your legal status will be brought to light and the government will find out whether you are here lawfully. Your worst nightmare could end up coming true!
Therefore, it is crucial to know what to do if you are faced with the charge of Offering a False Instrument for Filing (regardless of the degree).
Be sure to contact an experienced NY traffic court attorney who can help you avoid prison time, deportation, fines, and all of the other penalties associated with this crime.