17 year old, failure to ID

[abarbrob]

What is the name of your state (only U.S. law)? Texas

My little brother, 17, was arrested and charged for "failure to ID to police officer/false information" on Monday afternoon. 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?

 

[OHRoadwarrior]

You should always have an attorney, when going to court for a misdemeanor. A violation Sec. 38.02. FAILURE TO IDENTIFY. (B) is a class 2 misdemeanor. It can be punished as follows:

§ 12.22. CLASS B MISDEMEANOR. An individual adjudged
guilty of a Class B misdemeanor shall be punished by:
(1) a fine not to exceed $2,000;
(2) confinement in jail for a term not to exceed 180
days; or
(3) both such fine and confinement.

 

[abarbrob]

I appreciate your timely response.

I've made a few phone calls and was recently informed that my little brother should please not guilty when he goes to court Monday. What would happen if he were to do this? Wouldn't the judge have to schedule a new court date with a jury? And wouldn't he be able to ask for a court appointed attorney?

 

[Zigner]

I appreciate your timely response.

I've made a few phone calls and was recently informed that my little brother should please not guilty when he goes to court Monday. What would happen if he were to do this? Wouldn't the judge have to schedule a new court date with a jury? And wouldn't he be able to ask for a court appointed attorney?

Are you the legal guardian of your brother?

 

[OHRoadwarrior]

In a situation like this, I do not believe a PD will try to make the officer appear to be lying, which is needed to "not" meet the terms of the statute.

 

[abarbrob]

No, I'm not his legal guardian. I'm just a concerned older brother trying to help in any way I can. Although, I'm not sure if me being his legal guardian would change things, I was informed that he would be tried as an adult.

Correct me if I'm wrong, but isn't he innocent until proven guilty? I can't say with 100% certainty what occurred as I wasn't there, I'm only going by what I was told by one of his friends that walked up to the scene as my brother was being arrested. If the constable says my brother lied about his name, and my brother says he told him his real name from the get-go wouldn't that be hearsay?

I apologize if my questions seem ignorant, but I am ignorant when it comes to the law and ones' rights.

 

[HomeGuru]

What is the name of your state (only U.S. law)? Texas

My little brother, 17, was arrested and charged for "failure to ID to police officer/false information" on Monday afternoon. 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?

**A: how does he know who he is if he does not have an ID yet?

 

[abarbrob]

Apparently my brother told him a fake name when he was detained and placed in the back of the cruiser. The constable then went to talk with the other kid that was detained. When the constable came back, my brother told the constable his real name. As far as legal documentation is concerned, he had none on him. Unless a school ID counts? Although, I'm not sure if the constable ever saw my brothers' school ID.

 

[HomeGuru]

Apparently my brother told him a fake name when he was detained and placed in the back of the cruiser. The constable then went to talk with the other kid that was detained. When the constable came back, my brother told the constable his real name. As far as legal documentation is concerned, he had none on him. Unless a school ID counts? Although, I'm not sure if the constable ever saw my brothers' school ID.

**A: a school ID would count unless it's a fake one.

 

[CavemanLawyer]

When he goes to court for his first appearance the first thing they will do is address the issue of him having an attorney. He may opt to waive an attorney and deal pro se with the prosecutor, he may be appointed an attorney if he qualifies as indigent, or the court may give him some time to hire an attorney.

If your family can afford to hire him an attorney then you should. That attorney can evaluate the case and help him choose between a plea bargain or a trial.

Assuming the officer did not have a body mic on, yes it probably is the officer's word against your brother's. The officer would testify to what happened and then your brother's attorney could call witnesses in their case. Yes you are right, anything your brother said on this occasion would be hearsay if offered by the defense (some exceptions could apply.) So your brother would have to testify to tell his side of the story and the jury would decide who to believe.

 

[CavemanLawyer]

Btw, the charge of failure to ID has nothing to do with carrying or providing a photo form of identification like a driver's license. Failure to ID is about lying to the police. If an officer has the legal justification to ask you for your identity and you provide a false name or date of birth then you have violated the statute.

 

[abarbrob]

We met with an attorney and after chatting for a bit, my mother decided to hire him. He looked up the statute and as it reads, one must be detained then give false information to be in violation. According to my brother, the constable called him and his friend over to talk. When asked what their names were, my brother gave the false name and his friend invoked his right to remain silent. THEN, the constable detained them both and placed my brother in the cruiser while leaving the other outside. That's when my brother gave his real name. The attorney has said based on the chronology of the events, my brother did not break any laws. He had his first court date and the prosecutor insisted my brother serve time in jail as well as probation. Obviously, that was not accepted. Next court date in a few weeks.

 

[OHRoadwarrior]

So much for hiring a good attorney. Ask the rocket scientist how he plans on explaining this part:

(b) A person commits an offense if he intentionally gives a
false or fictitious name, residence address, or date of birth to a
peace officer who has:
(1) lawfully arrested the person;
(2) lawfully detained the person; or
(3) requested the information from a person that the
peace officer has good cause to believe is a witness to a criminal
offense.

 

[justalayman]

We met with an attorney and after chatting for a bit, my mother decided to hire him. He looked up the statute and as it reads, one must be detained then give false information to be in violation. According to my brother, the constable called him and his friend over to talk. When asked what their names were, my brother gave the false name and his friend invoked his right to remain silent. THEN, the constable detained them both and placed my brother in the cruiser while leaving the other outside. That's when my brother gave his real name. The attorney has said based on the chronology of the events, my brother did not break any laws. He had his first court date and the prosecutor insisted my brother serve time in jail as well as probation. Obviously, that was not accepted. Next court date in a few weeks.

(a) A person commits an offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information.

(b) A person commits an offense if he intentionally gives a false or fictitious name, residence address, or date of birth to a peace officer who has:

(1) lawfully arrested the person;

(2) lawfully detained the person; or

(3) requested the information from a person that the peace officer has good cause to believe is a witness to a criminal offense.

based on the actual statute, yes, your brother did commit the crime. As far as the cop was concerned, your brother was detained when he called him over. He could have refused to give a name (until technically arrested) but giving a false name when merely detained is a crime. If you don't like that section, check out B2. He doesn't even have to be detained for that to apply and since the kid was a witness to a criminal offense, your brother giving a false name, even if not detained, was a crime.