Asked by: Enemesia Adibekoff
news and politics crime

Can you go to jail for failure to identify?

Last Updated: 10th June, 2020

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Failure to identify to a police officer isusually a misdemeanor offense. Someone convicted of this crimecan be subjected to any or all of the following penalties:Incarceration. For misdemeanors, sentences may involve 12 months orless in the county jail, depending on thestate.

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Hereof, what happens if you refuse to show ID to police?

If you are issued a summons or arrested, however,and you refuse to produce ID or tell officers whoyou are, the police may detain you untilyou can be positively identified. Don't bad-mouth apolice officer or run away, even if you believe whatis happening is unreasonable. That could lead to yourarrest.

Also, what does failure to identify mean? Failure to Identify is defined in Section 38.02of the Texas Penal Code as follows: (a) A person commits an offenseif he intentionally refuses to give his name, residence address, ordate of birth to a peace officer who has lawfully arrested theperson and requested the information.

Accordingly, can you refuse to identify yourself to police?

Commonly known as “stop-and-identify”statutes, these laws permit police to arrest criminalsuspects who refuse to identify themselves. Regardless ofyour state's law, keep in mind that police can never compelyou to identify yourself without reasonable suspicionto believe you're involved in illegal activity.

Do police have to tell you why they pulled you over before asking for ID?

The officer needs a reason to pull youover, though that burden can be somewhat light. This isknown as reasonable suspicion, and it can be for anything,including a license plate light being out or speeding. If theofficer fails to tell you why they pulled you over, don't beafraid to ask.

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