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

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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 9 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. 


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