Can I Get in Trouble for Not Telling the Police My Name in Houston?

 Posted on April 23, 2025 in Criminal Defense

Getting stopped by the police can be overwhelming and stressful. You might not be sure what you need to say—and what you should not say—when they ask questions. One charge you could face in Houston that surprises many people is "Failure to Identify." This criminal charge can apply if you do not give your name when asked, or if you give false information. But when are you legally required to identify yourself and what happens if you do not? A knowledgeable Houston criminal defense lawyer can answer your questions and help ensure that your rights are protected.

What Does "Failure to Identify" Mean in Houston?

Under Texas law, if a police officer has lawfully arrested you, you must provide your correct name, address, and date of birth when asked. If you give a fake name or lie about your information, you could be charged with Failure to Identify. These charges can be brought under several circumstances, including:

• If you are arrested and refuse to give your real name, address, or birth date

• If you give a fake name or false information, even if you were just being detained

• If you witnessed a crime and give false information during an investigation

But here is where it gets tricky: Before you are arrested, you do not always have to answer questions. Being stopped by the police is not the same as being arrested, and just because they ask you questions does not mean you have to answer. And if you are arrested, you still have the right to remain silent. However, if you are lawfully detained—for example, during a traffic stop—it is a good idea to stay calm and polite and to speak with a lawyer before saying too much.

What Are the Penalties for Failure to Identify?

The consequences of Failure to Identify charges depend on the situation. For example, if you were arrested and refused to identify yourself, you might be charged with a Class C misdemeanor, which can lead to a fine. Giving false information after being arrested is often treated as a Class B misdemeanor, which could mean up to 180 days in jail and a fine of up to $2,000. If you gave false information and there was a warrant out for your arrest, the charge can increase to a Class A misdemeanor, which could have a sentence of up to one year in jail and a fine of up to $4,000.

Sometimes people are charged unfairly or are not actually under arrest when asked for information. A lawyer may be able to show that your rights were violated, or that the police did not follow the law when they stopped you. They can also help get your charges reduced or even dismissed, depending on the case.

Contact a Houston, TX Failure to Identify Defense Attorney

Being charged with Failure to Identify can feel unfair—especially if you did not realize that you were violating the law. You do not have to face the system alone. If you or someone you love has been charged, speaking with a qualified Houston, TX criminal defense lawyer could make a big difference. At Murphy & McKinney Law Firm, P.C., we offer free consultations, so call us at 713-229-8333 and schedule yours today.