Can a failure to ID charge be dismissed if I was not lawfully arrested at the time?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can a failure to ID charge be dismissed if I was not lawfully arrested at the time?

An officer started to write me a ticket (Class C Theft) but I chose to remain silent when asked my name. At this point, I was not under arrest since he was just writing me a ticket for a Class C misdemeanor (no jail, only fine). Because of my silence, he charged me with Failure to ID and then arrested me after I refused to give him my info. Again, I was not lawfully arrested at the time he was writing me a ticket. Can this charge be dismissed?

Asked on April 28, 2012 under Criminal Law, Texas

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 11 years ago | Contributor

Police have the legal right to detain a person and request that they identify themselves and provide their I.d. Although you may not of been in handcuffs or placed in the back of the police car, you were indeed legally detained due to the theft and the officer can arrest and cite you for a failure to identify yourself. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption