Legal Question in Criminal Law in Texas

My ex has a felony conviction from 1993 for check fraud. Since then (can't remember the date) he was convicted for Failure to Stop and Render Aid. He has now been arrested on a Fraud use or possession of identifying information charge. On this one, he did not have any physical identification or false ID or anything...he gave them a false name, so I'm not quite sure the points of law on this. I have been told that he had to actually present a piece of identifying info to a police officer, but that he did not do. He has several misdemeanors for Failure to ID and such and I think he's also got a felony possession charge for more than 1 and less than 5 (??) in another county (again, don' t know the exact specifics on that one either). Will the habitual criminal laws apply to him or does he have a chance of getting a shorter sentence?


Asked on 2/10/11, 12:10 pm

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

There is more to the situation than him providing a false name or he would have been charged with failure to identify. It does not sound like he falls under the felony habitual (25 to life) statute, though. (Misdemeanors do not apply to determining punishment level in this situation.)

And, even if habitual laws did apply, this does not mean that he cannot plea bargain for a shorter sentence.

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Answered on 2/18/11, 1:54 pm


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