Legal Question in Criminal Law in Texas

Can ''Failure to Identify'' be a serious offense?

My daughter recently got caught drinking with a group at the lake (she's 19) she got a MIP but when asked her name, she had no ID and got scared and used someone elses name and address. She got caught in her lie before the police left and was taken to jail for MIP and ''Failure to Identify''. I bailed her out the next morn and she has a court date for the MIP next month but they say it will be awhile before anything comes of the other charge. My question is does she require counsel or can she just go to court and explain that she was scared as to why she lied. She has nothing else other than a previous MIP and is a good college student. What are the consequences she could face by trying to be honest with the judge and telling the court that she made a stupid juvenile mistake? Thanks for your assistance


Asked on 4/19/06, 11:29 am

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Can ''Failure to Identify'' be a serious offense?

I am presuming from your description, that she is going to the JP or Municipal Court.

Most of the area JP's and Muni Courts have an online presence that describes what alternatives are available in these cases.

The first court date does NOT have to be dispositive, and because the charge is MIP, you should be there with her. She is not likely to have a clear understanding of what is going on.

Plano has a diversion program that might be available with the court you are attending. In such a case, she would plead guilty, do a pre-determined number of community service hours, and the case would be dismissed. An alternative is deferred disposition, which would also result in an eventual dismissal.

It is my opinion that you do not need an attorney at the first scheduled hearing. If you can speak with the prosecutor, and obtain an arrangement where BOTH charges (important that both charges are joined) are eventually dismissed, then she should probably take the deal.

If you are uncomfortable with the offer, and believe that it is unreasonable, then ask the court to reset the hearing for 30 days so that you can hire a lawyer for your daughter. The first continuance is (almost) automatic.

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Answered on 4/19/06, 3:07 pm


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