Failure To Identify
Failure to Identify Charges in Fort Worth
Have you been arrested and charged for Failure to Identify? If you are facing prosecution for the crime of Failure to Identify, it is critical to your freedom to find an experienced criminal lawyer that has a proven track record of dealing with failure to identify cases in Tarrant County.
Texas Penal Code Regarding Failure to Identify
According to Texas Penal Code, Title 8: Offenses Against Public Administration, Chapter 38: Obstructing Governmental Operation, Section 38.02, the Tarrant County District Attorney’s Office will be required to prove the following elements of Failure to Identify beyond a reasonable doubt:
- 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.
- 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:
- lawfully arrested the person;
- lawfully detained the person; or
- requested the information from a person that the peace officer has good cause to believe is a witness to a criminal offense.
The Texas Penal Code states that if the alleged failure to identify involves failing to give a name, address or date of birth after a valid arrest, the crime is classified as a Class C misdemeanor. Under Texas law, a Class C misdemeanor is punishable only by a fine of up to $500 with no possibility of jail time.
The Texas Penal Code states that if the alleged failure to identify involves a citizen intentionally giving a false or fictitious name, residence address, or date of birth to a peace officer who has: lawfully arrested the person, lawfully detained the person or requested the information from a person that the peace officer has good cause to believe is a witness to a criminal offense, then the crime is classified as a Class B misdemeanor. Under Texas law, a Class B Misdemeanor is punishable by a term in the Tarrant County jail of up to 180 days and up to a $2,000 fine.
Fines and Penalties If Convicted of Failure to Identify Charges
Finally, if it is proven in court that the charged citizen had an active warrant and was classified as a “fugitive from justice at the time of the offense,” then the crime of Failure to Identify will be punished as a Class A misdemeanor if a false name was given by the citizen. Under Texas law, a Class A misdemeanor is punishable by up to 1 year in Tarrant County jail and up to a $4,000 fine.
As you can see, a conviction for failure to identify could result in a loss of your freedom and severely damage your reputation and limit your opportunity to obtain or retain employment. It is important to fight for your freedom and reputation by hiring an aggressive criminal attorney that knows the courts in Tarrant County and is willing to do what it takes to protect your clean record. At The Hampton Law Firm, I will aggressively defend you from a conviction and look to negotiate a dismissal or reduction of your charges to ensure this charge can be cleared from your record.
Schedule a Free Consultation With Our Attorneys Today
Call The Hampton Law Firm now for a free consultation and an opportunity to speak to me about the facts of your case and the options you have under Texas law. Call Jeff Hampton at The Hampton Law Firm at 817-877-5200.
Contact the Hampton Law Firm now to schedule a free consultation to determine your rights and legal options.