FAIL TO IDENTIFY GIVING FALSE/FICTITIOUS INFO
Fail to Identify Giving FALSE/FICTITIOUS Information in Texas: what bail is set at, how often a personal bond is granted, and what usually happens to the charge.
What “FAIL TO IDENTIFY GIVING FALSE/FICTITIOUS INFO” means
Texas Penal Code § 38.02 defines failure to identify. This Class B misdemeanor variant, graded under § 38.02(c)(2), rests on § 38.02(b): intentionally giving a false or fictitious name, residence address, or date of birth to a peace officer who has lawfully arrested the person, has lawfully detained the person, or has requested the information from a person the officer has good cause to believe is a witness to a criminal offense. It differs from the refusal variant under § 38.02(a), which applies only after a lawful arrest and only to refusing to give the information: giving false identifying information is an offense in the broader settings of arrest, lawful detention, and witness inquiries. If the person is also shown to have been a fugitive from justice, the false-information conduct is graded higher under § 38.02(d)(2).
| Charged as | Share of bail records | Possible confinement | Fine | Source |
|---|---|---|---|---|
| Class B misdemeanor | 100% | 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 IDENTIFY GIVING FALSE/FICTITIOUS INFO in Texas
Across 29,064 Texas bail settings for this charge (95 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $2,000 (middle half: $1,000 – $4,000). 9% of defendants were released on a personal bond, and bail was denied in 687 cases. When this was the only charge at booking (6,538 records), the median was $1,000 and 18% got a personal bond.
| County | Records | Median cash bail | Middle half | Personal bond | Denied |
|---|---|---|---|---|---|
| Tarrant | 3,487 | $1,000 | $500 – $2,000 | 11% | 2% |
| Dallas | 3,061 | $1,000 | $500 – $2,000 | 3% | 3% |
| Bexar | 1,799 | $1,200 | $1,000 – $2,000 | 8% | 4% |
| Travis | 1,460 | $3,000 | $1,500 – $6,000 | 20% | 3% |
| El Paso | 1,154 | $1,500 | $1,000 – $5,000 | 13% | 3% |
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 IDENTIFY GIVING FALSE/FICTITIOUS INFO charge
Of 7,492 FAIL TO IDENTIFY GIVING FALSE/FICTITIOUS INFO charges filed 2019–2023 across 14 counties (Bastrop, Bell, Brazoria, Collin, Comal, Dallas, Denton, FortBend, Galveston, Harris, Hays, Rockwall, Travis, Williamson), 91% have reached a disposition:
How long it takes: the median FAIL TO IDENTIFY GIVING FALSE/FICTITIOUS INFO charge took 179 days from filing to disposition (middle half: 42 – 433 days, 7,489 charges).
| County | Disposed | Not convicted | Deferred | Convicted | Median days |
|---|---|---|---|---|---|
| Harris | 4,169 | 81% | 0% | 19% | 115 |
| Dallas | 1,729 | 81% | 4% | 13% | 362 |
| Denton | 211 | 28% | 9% | 63% | 260 |
| Galveston | 133 | 62% | 1% | 35% | 119 |
| Williamson | 120 | 71% | 2% | 28% | 206 |
Outcome is the final disposition recorded on the charge. “Other” (38) 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 IDENTIFY GIVING FALSE/FICTITIOUS INFO cases
| Case | County | Filed | Disposed | Outcome |
|---|---|---|---|---|
| 25-CCR-247798 | FortBend | Jan 29, 2026 | Aug 25, 2026 | Dismissed by the prosecutor |
| 263321801010 | Harris | Aug 3, 2026 | Aug 24, 2026 | Dismissed by the prosecutor |
| 2026NPA0883 | Comal | Aug 21, 2026 | Aug 21, 2026 | Dismissed by the prosecutor |
| 61,280 | Bastrop | Apr 17, 2026 | Aug 20, 2026 | Dismissed by the prosecutor |
| 61,025 | Bastrop | Feb 17, 2026 | Aug 20, 2026 | Dismissed — refiled or handled in another case |
| 25-05021-3 | Williamson | Aug 28, 2025 | Aug 19, 2026 | Dismissed by the prosecutor |
| M-24-31239 | Dallas | Sep 10, 2024 | Aug 19, 2026 | Dismissed by the prosecutor |
| CR-2026-01511-C | Denton | Mar 12, 2026 | Aug 19, 2026 | Deferred adjudication |
| CR-2026-03961-E | Denton | Jun 2, 2026 | Aug 18, 2026 | Dismissed by the prosecutor |
| M-24-24825 | Dallas | Nov 24, 2025 | Aug 18, 2026 | Dismissed by the prosecutor |
Related charges
- FAIL TO ID FUGITIVE INTENT GIVE FALSE INFO § 38.02(d)(2)
- FAIL TO ID FUGITIVE FRM JUSTICE REFUSE TO GIVE § 38.02(d)(1)
Charged with FAIL TO IDENTIFY GIVING FALSE/FICTITIOUS INFO?
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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.