Failure to identify is a criminal offense in Utah that occurs when an individual refuses to provide their name or identifying information to law enforcement officers under certain circumstances. While individuals generally have the right to remain silent, Utah law requires compliance with specific identification requirements during lawful stops or arrests. Failing to provide this information when legally obligated can lead to charges, fines, and other legal consequences.
Salt Lake City Failure to Identify Defense Attorney
You can be charged with failure to identify for refusing to tell an officer your name or giving a nickname to an officer instead of your birth name.
Call Susanne Gustin, Attorney at Law at 801-243-2814 or submit an online form to schedule a confidential consultation. Susanne Gustin, Attorney at Law strongly represents individuals facing sex crime charges throughout Salt Lake County and Davis County, including Salt Lake City, West Valley City, Layton, Bountiful, West Jordan, Sandy, and surrounding communities.
Information Center for Failure to Identify in Utah
What Is Failure to Identify in Utah?
Failure to identify is governed by Utah Code § 76-8-301.5, which outlines the circumstances under which a person must provide their identifying information to law enforcement. These situations typically occur during lawful traffic stops, investigations, or arrests. Utah Code § 76-8-301.5 states as follows:
An actor commits failure to disclose identity if, during the period of time that the actor is lawfully subjected to a stop as described in Section 77-7-15:
- a peace officer demands that the actor disclose the actor’s name or date of birth;
- the demand described in Subsection (2)(a) is reasonably related to the circumstances justifying the stop;
- the disclosure of the actor’s name or date of birth by the actor does not present a reasonable danger of self-incrimination in the commission of a crime; and
- the actor fails to disclose the actor’s name or date of birth.
While Utah law requires individuals to provide basic identifying information in certain situations, it does not mandate answering additional questions beyond what is necessary to identify yourself. This means:
- You must provide your name and identifying details if lawfully detained or arrested.
- You are not required to answer questions unrelated to your identification or the specific stop.
Some common examples of failure to identify include:
- Refusing to Provide Your Name: During a traffic stop, an officer asks for your name and date of birth, but you refuse to comply.
- Providing False Information: Giving a fake name, date of birth, or address during a lawful stop or arrest.
- Withholding Identification After Arrest: Refusing to show identification or verbally identify yourself when being taken into custody.
Penalties for Failure to Identify in Utah
The penalties for failure to identify depend on the circumstances of the offense and whether the individual provided false information or merely refused to provide their identity.
Class B Misdemeanor:
Refusal to provide identifying information during a lawful stop or detention.
- Penalties:
- Up to 6 months in jail or
- Fines up to $1,000.
Class A Misdemeanor:
Providing false identifying information to law enforcement.
- Penalties:
- Up to 1 year in jail or
- Fines up to $2,500.
Defenses Against Failure to Identify Charges
If you are charged with failure to identify in Utah, there are several defenses that may apply depending on the circumstances:
- Unlawful Stop or Arrest: The officer did not have reasonable suspicion or probable cause to stop or detain you, making the identification request unlawful.
- Lack of Knowledge: The individual may argue they did not understand the officer’s request or were unaware they were required to provide identification.
- Right to Remain Silent: In some situations, the right to remain silent may protect against failure to identify charges, particularly if the stop was not lawful.
- Mistaken Identity: The individual may argue that the officer misinterpreted their behavior as a refusal to identify.
- Insufficient Evidence: The prosecution must prove beyond a reasonable doubt that the individual willfully refused or provided false information.
Understanding Your Responsibilities
It is important to understand the difference between refusing to identify yourself and exercising your constitutional rights. While you are legally obligated to provide basic identifying information during a lawful stop or arrest, you are not required to answer additional questions or incriminate yourself.
Additional Resources
- Utah Code § 76-8-301.5: Failure to identify is a criminal offense in Utah that occurs when an individual refuses to provide their name or identifying information to law enforcement officers under certain circumstances.
- Interacting with Police in Utah: Read this brochure for information on your legal rights during encounters with law enforcement in Utah.
Contact a Criminal Defense Lawyer for Failure to Identify Charges
If you are facing charges for failure to identify in Utah, it is essential to consult with an experienced criminal defense attorney. A conviction can result in serious consequences, including fines, jail time, and a permanent criminal record.
Susanne Gustin, Attorney at Law, has decades of experience defending clients against criminal charges in Utah, including failure to identify. She is committed to protecting your rights and pursuing the best possible outcome for your case.
For a consultation, contact Susanne Gustin at 801-243-2814. She serves clients in Salt Lake County, Davis County, Layton, Bountiful, Clearfield, North Salt Lake, Centerville, Woods Cross, West Point, and Kaysville.
