A few months ago, we discussed the importance of being careful not to unintentionally incriminate yourself during a traffic stop and about the constitutional right to remain silent. It’s important to remember that we don’t literally have a right to remain silent when stopped by a law enforcement officer.
Generally, people are required to provide accurate identifying information either via a document like a driver’s license or verbally when asked to by an officer anywhere in the country. Texas has a Failure to Identify law that addresses what information people need to provide and the consequences if they fail to do so.
The law states that anyone who “intentionally refuses to give his name, residence address, or date of birth to a peace officer” who has legally detained or arrested them or has “good cause to believe [they’re] a witness to a criminal offense” commits a Class C misdemeanor offense. If someone gives a false name, address or birth date, that’s a Class B misdemeanor that could carry a jail sentence.
Invoking your rights after providing identification
Once you’ve provided that identifying information, if asked to, you don’t have to answer other any further questions without legal representation. It’s important to state clearly but calmly to the officer(s) that you’re invoking that right so they’re clear that’s what you’re doing.
If you are placed under arrest, remember that you have the right to have legal guidance before being interrogated. It’s smart to take advantage of that right. If you have already been charged with a crime, having legal guidance can help you protect your rights going forward.
It’s always wise to have legal representation before you submit to an interrogation by police – particularly if you’re under arrest. This can help you protect your rights and make sure that the proper procedures were followed during the arrest. If you’re already facing charges, it’s not too late to get legal guidance.