People often ask, “are you required to provide ID to police?” Police routinely ask people they encounter for their names and other identifying information. The police may request the information to aid in the criminal investigation of a particular offense, or they may simply request the information in an effort to identify and determine whether the person they have encountered has criminal history.
Definition of Failure to Identify Texas
Generally, there are two different types of situations that give rise to a Texas failure to identify charge:
- A person commits failure to identify if he or she intentionally refuses to give his or her name, residence address, or date of birth to a police officer who has lawfully arrested the person and requested the information. An offense committed under this section is generally charged as a Class C Misdemeanor. However, if the person was a fugitive from justice at the time the offense was committed, the offense is charged as a Class B Misdemeanor.
- A person commits failure to identify if he or she intentionally gives a false or fictitious name, residence address, or date of birth to a police officer who has lawfully arrested the person, lawfully detained the person, or requested the information from a person that the police officer has good cause to believe is a witness to a criminal offense. An offense committed under this section is generally charged as a Class B Misdemeanor. However, if the person was a fugitive from justice at the time the offense was committed, the offense is charged as a Class A Misdemeanor.
Defending Failure to Identify Charges in Collin County, Texas
While the failure to identify Texas laws listed above may appear relatively clear cut, carefully notice that you are under no obligation to provide identifying information to a police officer unless you have been lawfully arrested. Also, in order to lawfully detain a person in Texas, a police officer must have reasonable, articulable suspicion that a crime has occurred or is about to occur. Mark O’Bryan, as an experienced Collin County criminal defense attorney, can analyze the facts and circumstances surrounding a failure to identify charge and aggressively challenge the basis for the arresting officer’s initial detention and subsequent arrest.