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  1. #1
    Join Date
    Jul 2014
    Location
    Fort Worth, Texas, United States
    Posts
    2

    Default Giving a False Name to a Police Officer

    My question involves criminal law for the state of: TX
    I gave an officer a false name, a few years back when I stupidly tried to shop lift something.
    When asked for my name I gave him my friends and now he has a warrant for his arrest.
    I dont want him to go to jail so I need to know:

    The maximum charge,
    the actual offense and
    what usually happens in these cases.

    any general advice on how to handle this would be helpful as well.
    I want to get this cleared up but now that Im a responsible adult, I dont want to ruin my life over something that I did as a stupid kid

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Giving False Name to Officer

    Aside from the felony and original theft charge, you have not got much to worry about. I'd guess about 1 to 5 years. A responsible adult would not let someone else take the fall for their actions.

    Sec. 37.03. AGGRAVATED PERJURY. (a) A person commits an offense if he commits perjury as defined in Section 37.02, and the false statement:

    (1) is made during or in connection with an official proceeding; and

    (2) is material.

    (b) An offense under this section is a felony of the third degree.

  3. #3
    Join Date
    Jul 2014
    Location
    Fort Worth, Texas, United States
    Posts
    2

    Default Re: Giving False Name to Officer

    Wait this is a felony???!!
    Just giving a false name while I was a kid?

    Is it not possible for this to be a lesser charge?

    - - - Updated - - -

    Wait this is a felony???!!
    Just giving a false name while I was a kid?

    Is it not possible for this to be a lesser charge

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Giving False Name to Officer

    You grabbed the wrong statute. Lying about your name is not the same as making a false statement under oath. A possible charge:
    Quote Quoting Texas Penal Code, Sec. 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.

  5. #5
    Join Date
    Nov 2013
    Location
    Pennsylvania
    Posts
    806

    Default Re: Giving False Name to Officer

    Oops.

  6. #6
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Giving False Name to Officer

    If the prosecutor chose to prosecute it as a lessor charge.

  7. #7
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Giving a False Name to a Police Officer

    That lowers it to a misdemeanor A. Just under a felony. OP was was attempting to flee a shoplifting charge.

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