What to do if my 17 year old brother was arrested and charged for “failure to ID to police officer/false information”?

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What to do if my 17 year old brother was arrested and charged for “failure to ID to police officer/false information”?

He and a few friends were trespassing in a vacant house. When the cops arrived, they all ran. My brother and another friend were detained, the others weren’t caught. My brother lied about his name and then a few minutes later told the constable his real name. The constable didn’t like this and decided to arrest him while letting his friend go. My brother doesn’t have anything else on his record, this is his first offense. He doesn’t even have an ID yet. He has court Monday and I’m wondering if we should get him an attorney?

Asked on March 27, 2013 under Criminal Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Getting him a lawyer is probably a good idea at this point. An experienced attorney who works in the area can use their local contacts within the court system to your brother's best advantage; they may even be able to get the charge dismissed. At the very least they may be able to arrange for "diversion", which is a legal tool used to help first-time offenders. Pursuant to diversion, your brother will plead guilty, serve a special probation and upon its successful completion, the plea will be withdrawn and his case will be dismissed. He will be left with a clean criminal record.


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