Fake Plates Lawyer: Fake License Plate Charges, NYC & Nassau

Q: Is it illegal to drive with paper temporary plates in New York?

Not if they are real. Temporary plates or a temporary registration issued by the DMV or a licensed dealer are legal while they are valid. Paper plates bought online, from a stranger, or from anyone who is not a licensed dealer may be forged, and using them can lead to a criminal charge.

Q: What is the difference between fake plates and a suspended registration?

A suspended registration means the DMV issued real plates, but the registration was suspended, often after an insurance lapse. Driving with it is usually charged under the Vehicle and Traffic Law. Fake plates are plates that the DMV or a dealer never issued, and they can lead to a forged instrument charge under the Penal Law. See our article on driving with a suspended registration .

Q: Are fake temporary plates always a felony charge?

Not always. Many fake plate cases are charged as misdemeanors under PL § 170.20. Whether police elevate the charge to a felony under PL § 170.25 depends on the specific circumstances, the jurisdiction, and the nature of the plates. Our firm has handled both misdemeanor and felony versions of this charge.

Q: I bought the plates online and thought they were real. Does that help?

It depends on the circumstances and the documentation that exists. If you can show you were deceived — through a bill of sale, communications with the seller, or other evidence — this can be meaningful mitigation or the basis for a defense. An attorney should review the specific facts before any statements are made to police or prosecutors.

Q: What documents should I gather immediately?

Everything related to the vehicle purchase: the bill of sale, any emails or text messages with the seller, any receipts for the plates, any representations made about the registration or temporary plates, and any other documentation that establishes where the plates came from and what you were told about them. Bring all of this to your attorney consultation.

Q: What is a “ghost car” or “ghost plate”?

“Ghost car” is a common name for a vehicle driven with fake, altered, or covered plates so that toll and traffic cameras cannot identify it. The charge depends on what was done to the plates: a covered or obstructed plate is usually a traffic ticket under VTL § 402, while fake or forged plates can lead to a criminal charge of possession of a forged instrument.

Q: I was driving someone else’s car with fake plates. Can I be charged?

Yes. The driver can be arrested even if the car belongs to someone else. To convict, however, the prosecution must prove that you knew the plates were forged and intended to defraud or deceive. If you borrowed the car and had no reason to know about the plates, that can be a strong defense.

Fake and forged motor vehicle license plates have become an increasingly common basis for criminal arrest in New York. What many people do not realize when they put a set of fake temporary plates on their car is that they are not just risking a traffic ticket—they may face a criminal charge and, if convicted, a criminal record, as well as a possible felony indictment in appropriate cases. A qualifying dismissal is ordinarily sealed, and some convictions may later qualify for sealing. If you or someone you know has been arrested in connection with fake or forged license plates, this article will explain the charges, the penalties, how these situations typically arise, and what defenses may be available.

The Criminal Charge: Criminal Possession of a Forged Instrument

In New York, the criminal charge that arises from possession of fake license plates falls under Article 170 of the New York Penal Law, which governs forgery and related offenses. There are three degrees of Criminal Possession of a Forged Instrument. In fake license plate cases, prosecutors most commonly charge one of two:

Criminal Possession of a Forged Instrument in the Third Degree (Penal Law § 170.20) is a Class A misdemeanor. The court may impose up to 364 days in jail, or two or three years’ probation with no more than 60 days’ jail as a condition of probation, and may impose an ordinary fine of up to $1,000 in addition. This is a crime. New York generally does not provide expungement for this conviction, although it may qualify for sealing only if the applicable statutory requirements are met; sealing restricts public access but does not erase the conviction for every legal purpose.

The firm’s New York misdemeanor defense guide explains the broader Class A framework, local-court procedure, possible outcomes, and record-sealing rules.

Criminal Possession of a Forged Instrument in the Second Degree — New York Penal Law § 170.25 — is a Class D felony, punishable by up to 7 years in state prison. For a first-time offender, a judge has discretion to impose a lesser sentence — including probation, a conditional discharge, fines, or a shorter jail term — but a felony conviction can carry serious, long-lasting consequences if the case is not successfully defended or otherwise resolved. Some felony convictions may later qualify for sealing under defined New York rules, but sealing is not expungement and does not remove every consequence.

The key difference between the two charges in a license plate case is the nature of the instrument. License plates and motor vehicle registrations are issued by a government agency — in New York, by the Department of Motor Vehicles. Under PL § 170.10(3), written instruments “officially issued or created by a public office, public servant or governmental instrumentality” fall into the category that triggers the felony charge under PL § 170.25. This is why what might seem like a minor traffic matter can become a felony criminal case.

To be found guilty under either statute, the prosecution must prove three elements beyond a reasonable doubt: that the instrument was in fact forged, that you knew it was forged, and that you possessed or used it with intent to defraud, deceive, or injure another person. Knowledge and intent are the critical elements — and they are also where the most important defenses arise.

Fake Plate Charges at a Glance

Fake, forged, and paper temporary plates can lead to the following charges in New York. Which ones apply depends on the plates, on who made them, and on what else the police found at the stop:

Criminal possession of a forged instrument in the third degree (Penal Law § 170.20): Class A misdemeanor, up to 364 days in jail.
Criminal possession of a forged instrument in the second degree (Penal Law § 170.25): Class D felony, up to 7 years in prison. It covers instruments officially issued by a government agency, such as license plates and registrations.
Forgery in the third degree (Penal Law § 170.05) and forgery in the second degree (Penal Law § 170.10): a Class A misdemeanor and a Class D felony, charged when there is evidence that the person made or altered the plates.
Aggravated unlicensed operation (VTL § 511): when the driver’s license is suspended or revoked, from an unclassified misdemeanor to a Class E felony.
Unlicensed operation (VTL § 509) and driving without insurance (VTL § 319): traffic infractions often added at the same stop.
Covered or obstructed plates (VTL § 402): a traffic infraction for plates that are covered, tinted, or otherwise hard to read.

How These Cases Typically Happen

The most common scenario we see in our practice follows a predictable pattern. Someone buys a used car — from a private seller or a used car dealer — and instead of obtaining legitimate license plates from the DMV or valid 30-day temporary dealer plates, they purchase fake dealer plates or fake out-of-state temporary plates online, through Craigslist, or from an unlicensed individual or storefront. Sometimes people do this once, intending it as a short-term solution while they sort out registration or insurance. Others repeat the process month after month, purchasing new fake temporary plates as the old ones expire. This repeated conduct is particularly damaging legally — it strongly suggests knowledge that the plates were not legitimate, since no reasonable person buys official government-issued plates from an anonymous online seller every 30 days.

The most common reasons we hear for why someone went this route include:

Not having a valid driver’s license. Operating a vehicle without a license makes legitimate DMV registration more complicated, so some people turn to fake plates to avoid scrutiny.
Not having valid auto insurance. Registering a vehicle with the DMV requires proof of insurance. Someone who wants to drive without insuring the vehicle may use fake plates to avoid that requirement.
Wanting to avoid traffic cameras or toll detection. Fake plates — especially out-of-state plates — may be used to avoid automated systems that scan and record plates.

These situations are understandable. But they make the underlying criminal charge significantly harder to defend, because they give the prosecution evidence of both knowledge and intent. If you are driving without a license, without insurance, and with fake plates, a prosecutor will argue the motive is obvious — and that argument is a strong one.

Additional Charges That Come With Fake Plate Arrests

Fake license plate arrests rarely result in just one charge. In most cases we handle, clients face several charges arising from the same traffic stop:

Criminal Possession of a Forged Instrument (PL § 170.20 or § 170.25) — the primary charge related to the plates.

Aggravated Unlicensed Operation (VTL § 511) — if the driver does not have a valid license, this is a separate criminal charge ranging from an unclassified misdemeanor to a Class E felony depending on the number and type of suspensions.

Driving Without Insurance (VTL § 319) — a traffic infraction carrying fines, license suspension, and civil consequences.

Unlicensed Operation of a Motor Vehicle (VTL § 509) — a separate charge for operating without a valid license.

Forgery charges under PL §§ 170.05 or 170.10 may also be added if there is evidence the person was involved in creating or altering the plates, not merely possessing them.

This combination of charges can make what seems like a minor situation into a complex multi-charge criminal case. Having an attorney who can address all charges together and negotiate a global resolution is essential.

How Police Detect Fake Plates

Police routinely discover fake plates through automated license plate reader technology — scanners mounted on patrol cars or fixed at intersections that instantly flag plates that do not match valid DMV records. When a plate returns as unregistered, expired, or from a state with no matching record, the officer is alerted and will stop the vehicle. Once stopped with fake plates, a driver will typically be arrested on the spot. In New York City, this often means being taken to central booking and held for arraignment within 24 hours. In some cases, in New York City or on Long Island, a Desk Appearance Ticket may be issued instead, requiring the driver to appear in court at a later date. Either way, an arrest can generate police, court, and fingerprint records. That does not mean a permanent public record: if the entire case ends in a qualifying dismissal or acquittal, New York ordinarily seals the related records under CPL § 160.50, although sealing is not universal destruction or universal inaccessibility.

What to Do If You Are Stopped or Arrested With Fake Plates

What you do in the first hours after a fake plate stop can affect the case. If the police stop or arrest you:

Stay calm and do not resist. Show your license, registration, and insurance card if you have them. Resisting can lead to additional charges, such as resisting arrest.
Do not explain where the plates came from. Statements about who sold the plates, how much you paid, or how often you bought them are often the evidence used to prove that you knew the plates were fake. You may politely say that you want to speak with a lawyer.
Keep every document about the car and the plates. The bill of sale, messages with the seller, and receipts can support a defense or mitigation.
Go to court on time. If you received a Desk Appearance Ticket, appear on the date printed on it; a missed date can lead to a warrant.
Speak with a criminal defense lawyer before your first court date, so that the plate charge and any license, registration, or insurance charges can be addressed together.

The “I Didn’t Know They Were Fake” Defense

The most common thing we hear from clients in these cases is: “I bought them online and was told they were real,” or “I thought they were legitimate temporary dealer plates.”

This defense has real legal merit in some cases — and essentially no merit in others. Under PL §§ 170.20 and 170.25, the prosecution must prove that you knew the instrument was forged. If you genuinely did not know the plates were fake, that is a defense. The problem is that knowledge is almost never proven by a direct admission — it is inferred from the circumstances. And the circumstances in most fake plate cases make it very difficult to argue genuine ignorance:

Only the state DMV or a licensed dealer can issue valid license plates or temporary registrations.
Legitimate temporary dealer plates come from licensed dealerships, not from Craigslist, not from strangers, and not from unlicensed storefronts.
A person who buys the same fake plate month after month cannot credibly claim they believed each one was legitimate.
A person who has no license and no insurance has an obvious motive for using fake plates, which directly undermines any claim of innocent mistake.

That said, genuine defenses do exist. If the driver was not the owner of the vehicle and had no knowledge of the plates, that is a strong defense. If the driver was a first-time used car buyer who was deceived by a fraudulent seller, and there is documentation to support that story, it can be a meaningful defense or significant mitigation. In these situations, we immediately request all documents related to the vehicle purchase: the bill of sale, any written or electronic communications with the seller, any receipts for the plates, and any representations made about the registration or temporary plates.

Collateral Consequences Beyond the Criminal Case

A conviction for Criminal Possession of a Forged Instrument creates a criminal record. It is not automatically expunged merely because it is a misdemeanor. Depending on the offense, record, and statutory conditions, a conviction may later qualify for sealing; sealing limits access but is not expungement. The consequences can include:

Employment. A criminal record for a fraud or forgery offense can disqualify you from jobs requiring background checks, particularly in finance, healthcare, education, government, and licensed professions.

Professional licenses. Conviction can trigger suspension or revocation of healthcare licenses, real estate licenses, financial industry registrations, and other occupational licenses.

Immigration. New York criminal possession of a forged instrument requires knowledge of forgery and intent to defraud, deceive, or injure. A conviction can be treated as a crime involving moral turpitude, but a charge is not a conviction and no single immigration result follows from the New York misdemeanor-or-felony label. Inadmissibility, removability, and aggravated-felony questions use different statutory tests and may depend on the exact degree, record, sentence, timing, status, and relief. State sealing restricts access; it does not by itself erase a federal immigration consequence. Official source

How These Cases Are Typically Resolved

A fake license plate charge may, in some cases, be resolved without a criminal conviction — particularly for first-time offenders. Factors favoring a favorable resolution include having no prior criminal record, and especially no prior history of forgery or possession of forged instrument convictions. The more documentation exists showing the person was deceived about the plates, the stronger the mitigation. Cooperation with the process and early retention of counsel also help. Factors making resolution more difficult include evidence of repeated conduct — buying fake plates month after month — the presence of additional charges like unlicensed operation and no insurance, any prior criminal history, and any statements made to police before consulting an attorney. Possible dispositions can include dismissal, an ACD, a plea to a noncriminal violation such as disorderly conduct, or a criminal conviction with a conditional discharge. These are different outcomes: an ACD is not a conviction but is not a dismissal until the statutory period expires without restoration; a disorderly-conduct plea is a conviction for a noncriminal violation. For felony charges, a common and important resolution is a negotiated plea to the misdemeanor — avoiding a felony record entirely. Clients who contact us early — before making statements to police or appearing in court without counsel — are in the strongest position to achieve the best possible outcome.

Fake Plate Cases in Brooklyn, Queens, Manhattan and Nassau County

A fake plate case is heard in the criminal court of the county where the car was stopped. After an arrest, the case begins with an arraignment; with a Desk Appearance Ticket, it begins on the date printed on the ticket. Felony cases that continue after an indictment move to the county’s Supreme Court, or in Nassau County to the County Court in Mineola. Our court guides explain what to expect in each court:

Brooklyn: Kings County Criminal Court, 120 Schermerhorn Street
Queens: Queens County Criminal Court, Kew Gardens
Manhattan: New York County Criminal Court, 100 Centre Street
Nassau County: Nassau County District Court, 99 Main Street, Hempstead

We meet clients at our Brooklyn office and our Hempstead office.

Practical answers

Frequently Asked Questions

What happens if you get caught with fake plates in New York?

Usually the driver is arrested or given a Desk Appearance Ticket and charged with criminal possession of a forged instrument: in the third degree, a misdemeanor, or in the second degree, a felony. Charges for driving without a valid license, without insurance, or with a suspended registration are often added from the same stop. The case then goes to the criminal court of the county where the car was stopped.

Is it illegal to drive with paper temporary plates in New York?

What is the difference between fake plates and a suspended registration?

Are fake temporary plates always a felony charge?

I bought the plates online and thought they were real. Does that help?

I have no prior record. Will I go to jail?

For first-time offenders without a prior record, jail is often not imposed on a fake plate charge, although no outcome can be promised — even at the felony level, a judge has discretion to impose probation or a conditional discharge. The more serious concern for most clients is the criminal record itself, which can affect employment, licensing, and immigration status for years. The goal in most first-offense cases is a non-criminal resolution.

What documents should I gather immediately?

Can this affect my immigration status?

Yes, seriously. A conviction for New York criminal possession of a forged instrument can be treated as a crime involving moral turpitude because the offense requires knowledge that the instrument is forged and intent to defraud, deceive, or injure another. That does not mean every charge produces the same federal result. Inadmissibility, removability, naturalization, and aggravated-felony questions each use different rules. The exact degree, record, sentence, timing, status, admission history, and available relief matter, so immigration consequences should be evaluated before a plea or other final disposition. Official source

What is a “ghost car” or “ghost plate”?

I was driving someone else’s car with fake plates. Can I be charged?

I received a Desk Appearance Ticket for fake plates. Do I have to go to court?

Can a fake plate arrest be sealed?

Contact Sharifov & Associates, PLLC

If you have been arrested or charged in connection with fake or forged license plates anywhere in New York City or on Long Island, contact us for a prompt confidential consultation. We will review the charges, explain your options, and advise you on the best path forward. We represent clients in Brooklyn, Queens, Manhattan, the Bronx, Staten Island, Nassau County, and Suffolk County.

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