FAIL TO ID FUGITIVE FRM JUSTICE REFUSE TO GIVETexas Penal Code (PC) § 38.02(d)(1)
“FAIL TO ID FUGITIVE FRM JUSTICE REFUSE TO GIVE” stands for Fail to Identify Fugitive Frm Justice Refuse to Give, a Class B misdemeanor under Texas Penal Code (PC) § 38.02(d)(1). It is punishable by up to 180 days in county jail and a fine up to $2,000.
Below: how these cases end in Texas courts, how long they take, and the punishment.
What does “FAIL TO ID FUGITIVE FRM JUSTICE REFUSE TO GIVE” mean?
“FAIL TO ID FUGITIVE FRM JUSTICE REFUSE TO GIVE” stands for Fail to Identify Fugitive Frm Justice Refuse to Give, a Class B misdemeanor under Texas PC § 38.02(d)(1).
Texas Penal Code § 38.02 defines failure to identify. The underlying conduct here is § 38.02(a): intentionally refusing to give one's name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information. Standing alone that refusal is a Class C misdemeanor; this filing is the fugitive variant graded under § 38.02(d)(1), which applies when the State also shows the person was a fugitive from justice at the time of the offense — the courthouse label "FAIL TO ID FUGITIVE FRM JUSTICE REFUSE TO GIVE" means failure to identify by a fugitive from justice who refused to give the information. The refusal variant reaches only persons already under lawful arrest, which distinguishes it from § 38.02(b), covering false or fictitious identifying information given during arrests, lawful detentions, or witness inquiries.
What usually happens to a FAIL TO ID FUGITIVE FRM JUSTICE REFUSE TO GIVE charge?
67% ended without a conviction, 1% in deferred adjudication and 32% in a conviction.
How 642 resolved FAIL TO ID FUGITIVE FRM JUSTICE REFUSE TO GIVE charges filed 2019–2023 ended, across 13 counties (Bell, Brazoria, Collin, Dallas, Denton, FortBend, Galveston, Harris, Hays, Montgomery, Rockwall, Travis, Williamson):
| County | Resolved | Not convicted | Deferred | Convicted | Median days |
|---|---|---|---|---|---|
| Harris | 305 | 83% | 0% | 17% | 113 |
Outcome is the final disposition recorded on the charge. “Other” (0) covers waived counts, bond forfeitures, transfers and unrecorded outcomes. Bexar County records disposition dates but not outcomes, so it counts toward time-to-disposition only. Tarrant County criminal records are not in this dataset.
How long does a FAIL TO ID FUGITIVE FRM JUSTICE REFUSE TO GIVE case take to resolve?
Typically about 5 months: half of resolved cases closed within 138 days of filing.
Across 642 resolved FAIL TO ID FUGITIVE FRM JUSTICE REFUSE TO GIVE charges filed 2019–2023, the median time from filing to disposition was 138 days. The middle half took between 33 and 348 days.
Time depends on the county's docket, whether the case is set for trial, and plea negotiations.
How did real FAIL TO ID FUGITIVE FRM JUSTICE REFUSE TO GIVE cases end?
Individual cases from the public court record, with the disposition and sentence text exactly as the clerk entered it. Every case is decided on its own facts.
Ended without a conviction
Deferred adjudication
Ended in a conviction
What is the punishment for Fail to Identify Fugitive Frm Justice Refuse to Give in Texas?
Up to 180 days in county jail and a fine up to $2,000.
| Charged as | Possible confinement | Fine | Source |
|---|---|---|---|
| Class B misdemeanor | Up to 180 days in county jail | Fine up to $2,000 | Penal Code § 12.22 |
Ranges are the statutory maximums for the level; enhancements, prior convictions and plea agreements change what is actually imposed.
How much is bail for FAIL TO ID FUGITIVE FRM JUSTICE REFUSE TO GIVE in Texas?
The median bail is $2,000, and 5% of defendants were released on a personal bond.
Across 9,522 Texas bail settings for this charge (50 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $2,000 (middle half: $1,000 – $5,000). 5% of defendants were released on a personal bond, and bail was denied in 482 cases. When this was the only charge at booking (1,334 records), the median was $1,000 and 13% got a personal bond.
| County | Records | Median cash bail | Middle half | Personal bond | Denied |
|---|---|---|---|---|---|
| Tarrant | 1,490 | $1,000 | $650 – $3,000 | 2% | 4% |
| Dallas | 877 | $1,500 | $500 – $2,500 | 1% | 5% |
| Bexar | 749 | $2,000 | $1,000 – $3,000 | 3% | 9% |
| El Paso | 721 | $2,000 | $1,000 – $5,000 | 9% | 9% |
| Nueces | 485 | $1,000 | $500 – $2,000 | 4% | 1% |
Showing the 5 counties with the most records; use the selector for any county with at least 30. Per-charge bond settings on original magistrations, from Texas OCA bail reporting under SB 6. Bail is set case by case — these are statistics, not a prediction.
Charged with FAIL TO ID FUGITIVE FRM JUSTICE REFUSE TO GIVE?
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Find a Defense AttorneyBail data: Texas Office of Court Administration magistration reports (SB 6), Apr 2022 – Jun 2025. Court outcomes: county district and county clerk records. Statistics describe past cases and are not legal advice; every case is decided on its own facts.