When people get pulled over in their vehicle or otherwise stopped by police, it’s not uncommon to get anxious and even panic, depending on the circumstances. Some people try to review their constitutional rights in their head and vaguely remember something about having the right to remain silent.
That right, however, is not absolute. People are required to identify themselves when law enforcement officers ask them to – and to do so accurately. This could involve simply giving your name or they may want to see a document like your driver’s license, which is generally required in a traffic stop. After providing that, you can respectfully invoke your right to remain silent. However, you need to say that’s what you’re doing – not just remain silent and assume the officer knows what you’re doing.
The potential consequences of violating the law
This is the expectation officers have throughout the country. It’s important to know, however, that Texas has a specific “failure to identify” law. If a person “intentionally refuses to give his name, residence address, or date of birth to a peace officer” who has legally detained them or has “good cause to believe [they’re] a witness to a criminal offense,” they can be charged with a Class C misdemeanor. Even more serious is providing an officer with a false name, address or birth date. That’s a Class B misdemeanor and can result in jail time.
If you are arrested, you can and should invoke your right to legal counsel before being interrogated. Even if you don’t invoke that right before interrogation begins or before you’re charged with a crime, it’s not too late. However, the sooner you get legal guidance, the better you’ll be able to protect your rights and navigate the justice system effectively.