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Austin, Texas 78701

Failure to Identify

In Texas, there are generally two different types of failure to identify to 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 to identify after the police officer has arrested the individual in a lawful manner or stopped the person in the capacity of being a witness. Another common example of a case of failure to identify to a police officer is when an individual is arrested or placed into custody and provides a police officer with a false name or wrong information.

Austin Failure to Identify Lawyer

Kevin Bennett represents those charged in Travis County with failure to identify. If you have been arrested and charged with refusing to provide your name, he can challenge the arrest, the evidence behind the charges and defend you on any criminal accusation you were arrested for. Call The Law Office of Kevin Bennett today at (512) 476-4626 to set up a free consultation.

Kevin Bennett represents people charged in Travis County courts, including those arrested in Austin, Lakeway and West Lake Hills.


Failure to Identify Law 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.