Penal Code § 38.02(d)(1) · Class B misdemeanor

FAIL TO ID FUGITIVE FRM JUSTICE REFUSE TO GIVE

Fail to Identify Fugitive Frm Justice Refuse to Give in Texas: what bail is set at, how often a personal bond is granted, and what usually happens to the charge.

$2,000
Median cash bail
5%
Released on personal bond
9,522
Bail records
71%
Not convicted
172 days
Median time to disposition

What “FAIL TO ID FUGITIVE FRM JUSTICE REFUSE TO GIVE” means

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.

Charged asShare of bail recordsPossible confinementFineSource
Class B misdemeanor100% 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.

Bail for FAIL TO ID FUGITIVE FRM JUSTICE REFUSE TO GIVE in Texas

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.

CountyRecordsMedian cash bailMiddle halfPersonal bondDenied
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.

What usually happens to a FAIL TO ID FUGITIVE FRM JUSTICE REFUSE TO GIVE charge

Of 784 FAIL TO ID FUGITIVE FRM JUSTICE REFUSE TO GIVE charges filed 2019–2023 across 13 counties (Bell, Brazoria, Collin, Dallas, Denton, FortBend, Galveston, Harris, Hays, Montgomery, Rockwall, Travis, Williamson), 90% have reached a disposition:

71%
Not convicted (555)
Dismissed by the prosecutor60%
Dismissed, but convicted on a companion charge4%
Dismissed — refiled or handled in another case7%
1%
Deferred adjudication (9)
Deferred adjudication1%
28%
Convicted (217)
Guilty or no-contest plea28%
Convicted (plea vs. trial not recorded)0%

How long it takes: the median FAIL TO ID FUGITIVE FRM JUSTICE REFUSE TO GIVE charge took 172 days from filing to disposition (middle half: 43 – 395 days, 784 charges).

CountyDisposedNot convictedDeferredConvictedMedian days
Harris303 84%0%17% 113
Dallas195 84%2%13% 264

Outcome is the final disposition recorded on the charge. “Other” (3) 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.

Recent FAIL TO ID FUGITIVE FRM JUSTICE REFUSE TO GIVE cases

CaseCountyFiledDisposedOutcome
26-CCR-250776FortBendJun 2, 2026Aug 25, 2026Guilty or no-contest plea
CR-2025-05599-DDentonJul 2, 2025Aug 25, 2026Dismissed — refiled or handled in another case
25-02419-3WilliamsonApr 17, 2025Aug 20, 2026Dismissed by the prosecutor
CR-2026-02894-EDentonMay 1, 2026Aug 18, 2026Guilty or no-contest plea
M-25-43241DallasMar 5, 2026Aug 17, 2026Dismissed by the prosecutor
M-26-40701DallasApr 10, 2026Aug 11, 2026Dismissed by the prosecutor
M-26-56611DallasJun 12, 2026Aug 5, 2026Dismissed by the prosecutor
CR-2024-05227-ADentonAug 9, 2024Aug 3, 2026Dismissed by the prosecutor
M-25-11008DallasApr 20, 2026Jul 31, 2026Dismissed, but convicted on a companion charge
M-26-55507DallasMay 14, 2026Jul 31, 2026Dismissed by the prosecutor

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Bail 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.