Failure to Identify ID

We have often found that because of fear, our clients end up getting arrested in situations they would normally end up in simple citations. Most frequently, their fear clogs their judgment and they end up giving law enforcement a fake name. The most common scenarios and reasons in which this happen are:

1. Afraid because underage and don't want parents to find out.

2. Afraid even though there is no reason to be.

3. Afraid for immigration reasons.

4. Afraid for outstanding warrants.

The logic our clients tell us is that if the cop takes them at their word, then they wont be in trouble a) under their real name, b) for outstanding warrants, c) for immigration, d) parents wont find out.

The logic above fails. Where you might have just been let go with a speeding warning, or class c ticket of some sort, or nothing at all, you are now arrested with a misdemeanor that carries with it jail time. Below is the Texas Code that outlines and defines what constitutes Failure to ID and the punishment ranges for the offense.

§ 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.

If you or a loved one has been charged with Failure to ID in Travis County, call our office at 512-415-7648.