Dallas Failure to Identify Attorney
In Texas, it is a criminal offense
to refuse to identify yourself to a police officer if you are under arrest. Once arrested, you are required to
provide your full legal name, place of residence, and date of birth. By law, your failure to identify
is considered a Class C misdemeanor, punishable by a fine of up to $500. If, rather than refusing to identify yourself, it is alleged that you provide false information to the police as to your identity, you will be charged with a Class B misdemeanor, for which the penalty range
includes up to 180 days in the county jail, and a fine of up to $2000. At the time of the offense, if it is alleged that you were a fugitive
from justice (i.e., because an active arrest warrant was pending against you), you will face charges that are even more serious. More specifically, failure to ID/refusal
is enhanced to a Class B misdemeanor, and failure to ID/fugitive
becomes a Class A misdemeanor, which includes a penalty range of up to one year in the county jail, and up to a $4000 fine.
Texas Penal Code Section 38.02. FAILURE TO IDENTIFY.
(a) A person commits an offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information.
(b) A person commits an offense if he intentionally gives a false or fictitious name, residence address, or date of birth to a peace officer who has:
(1) lawfully arrested the person;
(2) lawfully detained the person; or
(3) requested the information from a person that the peace officer has good cause to believe is a witness to a criminal offense.
(c) Except as provided by Subsections (d) and (e), an offense under this section is:
(1) a Class C misdemeanor if the offense is committed under Subsection (a); or
(2) a Class B misdemeanor if the offense is committed under Subsection (b).
(d) If it is shown on the trial of an offense under this section that the defendant was a fugitive from justice at the time of the offense, the offense is:
(1) a Class B misdemeanor if the offense is committed under Subsection (a); or
(2) a Class A misdemeanor if the offense is committed under Subsection (b).
(e) If conduct that constitutes an offense under this section also constitutes an offense under Section 106.07, Alcoholic Beverage Code, the actor may be prosecuted only under Section 106.07.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1987, 70th Leg., ch. 869, Sec. 1, eff. Sept. 1, 1987. Acts 1991, 72nd Leg., ch. 821, Sec. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 1009, Sec. 1, eff. Sept. 1, 2003.
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