Failure to Identify
Intentionally refusing to provide personal information after being arrested by law enforcement is an offense in Texas referred to as Failure to Identify. Under state law, alleged offenders are required to provide police officers with their name and certain other identifying information once arrested. Failing to provide these details can result in serious legal consequences.
Don’t take this charge lightly. If you or someone you know has been charged with failure to identify in Williamson County, it’s vital that you seek the assistance of a skilled defense team.
Texas Failure to Identify Attorney
Lawyers Michael Price and James Twine have decades of combined experience fighting for positive outcomes for clients across central Texas. We will help you protect your rights and fight the charges.
The Law office of Price & Twine, PLLC, is based in Georgetown, TX, and represents clients throughout Austin, Cedar Park, Jarrell, Leander, Hutto, Liberty Hill, Round Rock, Taylor, and Granger. Call 512-354-1880 today to schedule a free consultation.
Failure to Identify Under Texas law
Under Texas Penal Code 38.02, an individual can be charged with failure to identify if he intentionally refuses to give his name, residence address, or date of birth to an officer who has lawfully arrested the person and requested the information. A person can also commit the offense if he or she intentionally gives a false or fictitious name, residence address, or date of birth to a peace officer who has:
- Lawfully arrested the person; or
- Lawfully detained the person; or
- Has a good cause to believe he or she is a witness to a crime.
Penalties for Failure to Identity in Texas
A conviction for failure to identify is a serious matter. Refusing to provide personal information and identification to an officer is a class C misdemeanor offense in Texas, which is punishable by a fine of up to $500. The crime escalates to a class B misdemeanor, however, if the individual provides false information. Class B misdemeanors in TX are punishable by up to 1 year in jail and up to $4,000 in fines.
It’s important to note that the statute also clarifies additional circumstances. For example, if the defendant is a fugitive from justice at the time of the offense, refusing to provide personal information is escalated to a class B misdemeanor, and providing fictitious information is enhanced to a class A misdemeanor.
Texas Statutes: Failure to Identify – Access the official website for the Texas Statutes to view section 38.2 which constitutes the Failure to Identify crime. You can view important information regarding the offense such as its penalties.
Georgetown Police Department – Click the link provided to access the official website for the Georgetown Police Department. You can report an incident online, read recent news, and view crime prevention & safety tips.
Georgetown Failure to Identify Lawyer | Williamson County, TX
If you or someone you know has failed to identify during an arrest, it’s imperative that you gain trusted legal representation. You could face serious penalties such as incarceration and significant fines. Hiring a skilled attorney can significantly raise your chances of reducing or dismissing your charges.
Attorneys Michael Price and James Twine are passionate about defending Texans charged with criminal offenses. With their knowledge, skills, and resources, they can form a strong defense for your case. Call the Law office of Price & Twine, PLLC, today at 512-354-1880 to schedule an initial consultation and discuss your legal options.