How to beat failure to Id to a police officer

[mikedmato]

So a cop is called to my house and I think it's for my dogs barking, I refuse to tell her my name and she places me under arrest so I give it to her. Under the penal code u don't have to give ur name unless u r a witness to a crime or under arrest.. Long story short I sit in jail for like 4 hours pay the ticket and get a court date what should I do

[acp5762]

Originally Posted by mikedmato

So a cop is called to my house and I think it's for my dogs barking, I refuse to tell her my name and she places me under arrest so I give it to her. Under the penal code u don't have to give ur name unless u r a witness to a crime or under arrest.. Long story short I sit in jail for like 4 hours pay the ticket and get a court date what should I do

Go to Court. Failure to appear could just add to your troubles. I don't know what they charged you with but hopefully your case can be disposed of with just a fine and no jail time. Your first court date is preliminary, but if you feel the need to have a lawyer present by all means contact one. Good luck to ya.

[frenchlouie]

Or lawfully detained.

You were at a residence that she was dispatched to in reference to a call. That equals reasonable suspicion which is the level of certainty needed to lawfully detain someone. Next time give the popo your name and save yourself the trouble.

[sky_wire]

"Under the penal code u don't have to give ur name unless u r a witness to a crime or under arrest.."

Where in the penal code did you find that?

[acp5762]

Originally Posted by sky_wire

"Under the penal code u don't have to give ur name unless u r a witness to a crime or under arrest.."

Where in the penal code did you find that?

He didn't, lol.

[mikedmato]

Texas penal code sky

[mirandalee]

Um they cannot arrest you because your dogs are barking, they could just advise you to calm your dogs down. Unless your dog bit someone or something this is weird. So what are your charges dogs barking lol.. good luck to you babe wish you the best.

[Blade78633]

Justice for your neighbors, thats awesome.

[frenchlouie]

Originally Posted by mikedmato

Texas penal code sky

Try TX Penal code Sec 38.02(b)2 will give you the statute you were arrested under next time read the whole thing not just the first sentence.

[Waldo P. Emerson-Jones]

This has the makings of a good episode of When Keeping It Real Goes Wrong.

[acp5762]

Originally Posted by mirandalee

Um they cannot arrest you because your dogs are barking, they could just advise you to calm your dogs down. Unless your dog bit someone or something this is weird. So what are your charges dogs barking lol.. good luck to you babe wish you the best.

A Dog that barks excessively and causes neighbors to make complaints to the police can warrant a summons to the Dog's owner. Barking Dogs fall under nuisance laws which are city ordinances. Nobody should have to put up with a neighbors dog barking and disturbing them.

[Wakeup]

Originally Posted by frenchlouie

Try TX Penal code Sec 38.02(b)2 will give you the statute you were arrested under next time read the whole thing not just the first sentence.

Interesting...

§ 38.02. FAILURE TO IDENTIFY. (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.
(c) Except as provided by Subsections (d) and (e), an
offense under this section is:
(1) a Class C misdemeanor if the offense is committed
under Subsection (a); or
(2) a Class B misdemeanor if the offense is committed
under Subsection (b).
(d) If it is shown on the trial of an offense under this
section that the defendant was a fugitive from justice at the time
of the offense, the offense is:
(1) a Class B misdemeanor if the offense is committed
under Subsection (a); or
(2) a Class A misdemeanor if the offense is committed
under Subsection (b).
(e) If conduct that constitutes an offense under this
section also constitutes an offense under Section 106.07, Alcoholic
Beverage Code, the actor may be prosecuted only under Section
106.07.

Doesn't say you have to identify yourself to a police officer BEFORE you get arrested, only AFTER you get arrested and they have requested it. Section B is only about giving false information and doesn't apply unless when the OP "refused to give his name" he actually said "I don't know it" or something false and the officer thought he was a witness to a criminal offense. If he wasn't under arrest, and actually just refused to give his name, sounds like he was within the statute.

I'm no lawyer though...just reading words...so go get a lawyer if you want.

[Gotyour6]

Maybe ask a lawyer?
Or you can ask people on the internet.

Your call.

I am not a lawyer but I fucked the hell out of a girl in a Holiday Inn last night.

[mikedmato]

Yeah im 99% sure the judge will dismiss it, just wondered if anyone has encountered a similar prob ... Thx for all the feedback

[mirandalee]

Im going to school for criminal justice and you are right " wakeup" she did not have to give the officer her name, but it just makes her look suspicious. She will be ok though, just have to control them dogs from barking a lot.