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The Texas Failure to Identify law means that people cannot give fake personal information to peace officers. Likewise, it indicates that everyone must provide their name and other identifying data to the cops if they're arrested or pulled over.
Ultimately, a person who is pulled over must provide their date of birth, residence address, and name to the police if they are lawfully arrested through the Failure to Identify laws in Texas. This rule also prohibits someone from providing fake information to the cops when speaking to them for various reasons, such as witnessing a crime or being detained.
In 2023, the Texas legislature added a provision to this type of criminal offense, which requires anyone driving in Texas to show a drivers' license to the police officer if they're pulled over. They must also give their residence address, name, and date of birth.
If one is pulled over and believes they were unjustly accused of not following the Texas Failure to Identify rule, it's wise to speak with an attorney. Sparks Law Firm is ready to help with these charges and to explain rights police don't want you to know Texas. Request a free consultation.
What's the Current Texas Law Regarding the Failure to Identify Clause?
Texas laws are ever-changing, so people need to understand the wording to avoid breaking them. Before 2023, the Failure to Identify rules stated:
The person commits an offense when he intentionally refuses to provide his date of birth, residence address, or name to a police officer who lawfully arrested them and asked for the information.
The person commits an offense whenever he intentionally provides officers false information, including an incorrect date of birth, residence address, or name, if the cop requested that data because they were a witness to a crime, lawfully arrested them, or lawfully detained the person.
However, in 2023, the Texas legislature added these subsections:
(b-1) Someone commits an offense if they:
Are operating a motor vehicle and the police officer stops them and lawfully detains them for an alleged law violation.
Failed to provide the person's driver's license when an officer requested it.
Intentionally refused to provide their driver's license number, name, date of birth, or residence address when requested by the officer.
(b-2) A person does not commit an offense if they:
Provide a residence address different from the one associated with that person's driver's license if they actually live there.
There are various ways a person can break the rule through the Failure to Identify statute. The law requires one to give their name, date of birth, and address if they're lawfully detained. Likewise, it's a criminal offense to provide false or fictitious information to an officer if the party witnessed a crime or was lawfully arrested.
Providing false information means any data that isn't accurate. For example, one might give their nickname, which is against the law because it's not their legal name. This is a violation of the Failure to Identify law. For more information, the best criminal defense lawyers in Fort Worth may be able to help.
What If One Didn't Intend to Refuse to Provide Identifying Information? Can They Be Charged?
One must intentionally refuse to identify themselves or deliberately provide false information to be convicted of this crime. If one doesn't purposefully do so, they're not violating the law.
How Does One Know If a Police Officer Acted Lawfully When He Arrested or Detained Someone?
Whenever one argues with the peace officer and states their arrest was unlawful at the time, they can refuse to provide their information on that basis.
However, the officer can accuse them of a Failure to Identify crime. A lawful arrest is based on the specific situation at hand. Therefore, it's often wise to hire an attorney who understands how to evaluate the case.
Determining if the arrest was lawful happens after the fact. It might be unwise for people to rely on an "unlawful detainment" exception because the peace officer will still put the person in handcuffs.
Doesn't a Person Have the Right to Remain Silent? Can Police Officers Force Someone to Provide Identifying Information?
When people are read their rights, they're often told they can remain silent. However, the Supreme Court of the United States claims that this only applies to compelled, incriminating, and "testimonial" communication. It is still possible for police officers to ask a person for their identifying information.
When Can a Peace Officer Ask a Person for ID?
Police officers can typically ask for a person's identification if they have "reasonable suspicion" that they committed a crime. Still, this has become a meaningless standard over the years. The court system in Texas has, in effect, told police that they can request ID at any time if they can come up with a reason for doing so.
Likewise, the legislature added in 2023 indicates that people must show their driver's license for a routine traffic stop.
What Are the Penalties for Providing a False or Fictitious Name (Failure to Identify)?
There are three "levels" of penalties for failing to identify in Texas, which are:
Class C Misdemeanor
If one is convicted of refusing to provide ID after an arrest or detention, it's a class C misdemeanor, which often comes with a fine of up to $500.
Class B Misdemeanor
When a person is convicted of providing a false or fictitious name, it's a Class B misdemeanor. This comes with a fine of up to $2,000 and six months in the county jail.
Class A Misdemeanor
However, when one is a fugitive from the law (they have a valid warrant for their arrest), it's bumped up to a Class A misdemeanor.
In all situations, a class B misdemeanor means that one gave a false or fictitious name at the time of the stop.
Why Hire a Criminal Defense Attorney to Assist With the Case of Failure to Identify
Understanding the Failure to Identify law can be challenging. While one has the right to remain silent to avoid incriminating themselves, they must still provide ID when asked after being detained or arrested. Not doing this can lead to more charges on one's record.
If you were charged with Failure to Identify in Texas, it's important to talk to a reputable and experienced lawyer. At Sparks Law Firm, we will guide you through the process so that you understand your rights. Request a consultation today.
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