Legal Question in Criminal Law in Texas

After an argument, my girlfriend left my house and than called the police reporting that I stole her phone and that I assaulted her. I did neither. The police showed up. In a calm tone I said to the officer that I have the utmost respect for police officers but that I would not answer any questions. The officer continued asking questions. I gave no answers. The officer asked me for my ID. I told the officer I was not legally obligated to give my ID and I did not identify myself. The officer told me he was going to charge me/take me to jail for failure to ID. I told the officer that failure to ID only pertained to someone who was already under arrest. I asked if I was under arrest. The officer said no. He than proceeded to detain me and conduct an investigation for the theft. I was later let go and not charged. (The Officer did get my name and birthday/information, from a family member). However, the offense report states that I failed to identify myself, that there was a minor offense "Assault" and mentions the phone as "lost". So far as I can tell my name is not listed on the report. The incident took place in Houston TX and the officer was from HPD. My question is this: Is my name associated with this report in any way even though the copy sent to me does not contain my name? Can I report my girlfriend/ex girlfriend for lying to the police? Should I pursue legal action of any kind or should I let this go?


Asked on 2/19/13, 5:46 pm

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

Whether or not you had the right to refuse to identify yourself to the officer depends on whether they had the right to arrest you.

Code of Criminal Procedure, Art. 14.03. AUTHORITY OF PEACE OFFICERS. (a) Any peace officer may arrest, without warrant: ....

(2) persons who the peace officer has probable cause to believe have committed an assault resulting in bodily injury to another person and the peace officer has probable cause to believe that there is danger of further bodily injury to that person; .....

(4) persons who the peace officer has probable cause to believe have committed an offense involving family violence; .........

Soooooo, if they had the authority to arrest you, then Code of Criminal Procedure � 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.

"Arrest" does not have any special definition, and they do not have to have told you that you were under arrest for you to have been so. In fact, defense lawyers claim all the time that people are under arrest even when they have not been so told in our effort to invoke the requirement of giving Miranda warnings. Of course, if under arrest, then they should have given you Miranda but NOT with regard to your identification.

What "legal action" do you think you have? You could have been arrested but the officers chose not to do so. You can report your gf/xgf, but they will not take charges - I'm confident having practiced criminal defense here in Houston for 25 years.

You did NOT get the full offense report as it is not public information unless charges were filed; they were not. You got what is called "front page".

Because there was no arrest, you have no record that anyone will be able to find.

I suggest you leave well enough alone before you talk yourself into an assault charge.

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Answered on 2/20/13, 5:00 pm


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