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 | 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.
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.
How real FAIL TO IDENTIFY GIVING FALSE/FICTITIOUS INFO cases ended
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
Related charges
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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.