Failure to Identify in Texas
Aug 21, 2016 @ 06:45 PM — by Jason Trumpler, P.C.
Failure to Identify or Give False Information to a Peace Officer Lawyer in Austin, Texas
CONTACT US TODAY AT 512-457-5200
In the State of Texas, if you are arrested, it is a crime to both fail to identify yourself or give false information to a police officer. Once arrested, you are required by law to provide your correct name, address, and date of birth if asked. If you either refuse to provide this information, or you provide false information, you may be charged with the crime of “failure to identify/give false information.” Typically, this charge is filed along with other charges. If you are convicted of failure to identify concurrent with other crimes, your jail time, fines, and sentence may be increased.
Jason Trumpler has been practicing criminal law for over 15-years, and has successfully defended hundreds of individuals from excessive and overly punitive sentences. If you have been charged with failure to identify in Texas, call our office today at 512-457-5200. We will discuss your case and options with you. Call us at 512-457-5200.
Potential Consequences
An officer must have good reason to request identification from you. You are legally obliged to provide identifying information if you are under arrest.
If you have been arrested, and you refuse to provide identification to a police officer or provide false information, you may be charged with failure to identify. You are legally obligated to provide identifying information to a police officer when you are under arrest. If you refuse to provide identification, you may be charged with a Class C Misdemeanor and fined up to $500. If you have a warrant at the time you refuse to provide any identifying information, you may be charged with a Class B Misdemeanor and sentenced to up to 6-months in county jail and a fine of up to $2,000.
Being detained is different from being arrested. Detainment is a “brief and cursory holding” so that the officer may ask you some questions about yourself and the surrounding circumstance. You are not required to give any identifying information to an officer if you are simply being detained. On the other hand, if you are detained, and you provide false identifying information to an officer, you may be charged with a crime. You cannot provide false information to a police officer. Providing false information to a police officer is a Class B Misdemeanor. If you are charged with a Class B Misdemeanor, you may be sentenced to up to 6-months in jail and a fine of up to $2,000. If you have a warrant when you are detained and provide false information to a peace officer, you can be charged with a Class A Misdemeanor and sentenced up to 1 year in the county jail and fine not exceed $4,000.
Contact Us at 512-457-5200
Jason Trumpler has over a decade of experience successfully defending individuals who have been charged with criminal offenses. He currently practices in Central Texas counties including Hays, Bell, Lee, Travis, Caldwell, Bastrop, Burnet, and Williamson. Call us today at 512-457-5200.