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Feb 14

Many people are uncertain about how to behave around a police officer, including what information they are required to provide, and what information can be withheld.

In general, it’s advisable to be tight-lipped when talking to law enforcement until you have an attorney present to make sure that your rights are protected. That said, there’s certain information you’re required to provide, and failure to do so can result in criminal charges under Texas statute, “Offenses Against Public Administration.”

Whatever the context, police frequently ask people to provide their name, address, and date of birth. Only under certain contexts are you actually required to provide this information, but giving false information is always considered a criminal offense.

Let’s take a look at what, exactly, constitutes a failure to identify, and the scenarios under which you could potentially face charges.

When Am I Required to Identify Myself to the Texas Police?

Any time you’re speaking to law enforcement, it’s important to be aware of what information you are required to provide. Legally, you are only required to give your name, address and date of birth to the police if you are placed under lawful arrest.

Under other situations (for example, if you’re being interviewed or detained but are not under arrest), you are not required to disclose your identity.

However, giving a false identity is a criminal offense.

When Can Texans Be Charged With Failure to Identify?

Generally speaking, two scenarios give rise to Texas failure to identify charges:

  • The defendant is under lawful arrest, and either refuses to disclose their identity or gives false identifying information.
  • The defendant is speaking with the police, either freely or while detained but not arrested, and gives false identifying information.

Giving False Information When Your Identity is Requested

When speaking to civilians under any context, police commonly ask for identifying information. You’re not required to reveal your identity, but you also can’t give false information.

For example, your neighbors are having a loud party that’s been going on all night. You finally decide it’s time to call the cops to break it up, and you’re asked for your name. Afraid your neighbors will know it’s you who complained, you lie.

The police break up the party but find evidence of other criminal activity that needs to be investigated. If they come to you for more information and learn you’ve given false information, you might face charges, too. This is because you’ve obstructed the investigation of a crime by not providing accurate information.

It’s better to explain yourself – I’d rather keep this report anonymous because I don’t want to face repercussions from an angry neighbor for calling.

Giving False Identification While Detained

Even if a suspect is detained, they are not required to provide their identity, but they are also not allowed to give false information.

For example, your friend was involved in a crime. The police take you in for questioning, meaning that you are detained but not under arrest. Afraid you’ll somehow incriminate your friend, you give the police a false name.

Ultimately the police learn that you provided a false identity, and suddenly, you find that like the friend you were trying to protect, you’re also facing charges.

Refusing to Identify When Under Arrest

If you are placed under a lawful arrest, you are required to provide the police with identifying information, including your name, address, and date of birth.

For example, say you’re unexpectedly placed under arrest and asked to disclose your identity. Flustered, you remember that you should remain silent, and refuse to identify.

At this point, you’ll be facing two potential charges: whatever you were arrested for, and the failure to identify. Of course, giving false information while under arrest would also be considered a failure to identify.

Failure to Identify Defense Attorney

When talking to police, know exactly what information you’re required to provide, and avoid lying. If you do get in trouble, get legal help sooner rather than later to minimize the potential consequences.


About the Author:

Brandon Fulgham has an in-depth understanding of both Texas law and Texans themselves. Before practicing law here, he received his undergraduate degree from TCU and his law degree from South Texas College of Law in Houston. After graduation, he worked in District Attorneys’ offices as a prosecutor, building cases designed to put people behind bars. Now, he uses that knowledge to protect the rights of people in and around Fort Worth, making sure they receive the strongest possible defense when they find themselves on the wrong side of the law. He has been recognized for his work by The National Trial Lawyers, Fort Worth Magazine, and others.


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