Austin Failure to Identify Lawyer

Austin, Texas Failure to Identify Overview

In Texas, there are generally two different types of failure to identify a police officer and depending on the circumstances, you could be arrested for a Class A, Class B or Class C Misdemeanor. One common scenario of an arrest for failure to identify is refusal after the police officer has arrested the individual in a lawful manner or stopped the person in the capacity of being a witness. The second example of a case of failure to identify to a police officer occurs when, during the same criteria provided in instance 1, the individual provides the officer with false or wrong information.

Laws Regarding Failure to Identify in Texas

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.

Austin Failure to Identify Defense Lawyer 

If you are confused or unsure how to proceed, please call the Law Office of Kevin Bennett at (512) 476-4626. You may also contact the Law Office of Kevin Bennett through email.