Florida Criminal Statute 901.36. [Prohibition against giving false name or false identification by person arrested or lawfully detained; penalties; court orders] makes it a crime to give a law enforcement officer a false name under certain circumstances.
This criminal law makes it unlawful for a person who has been arrested or lawfully detained by a law enforcement officer to give a false name, or otherwise falsely identify himself or herself in any way, to the law enforcement officer or any county jail personnel. A person who violates this subsection commits a misdemeanor of the first degree, but if a person who violates this criminal law and the violation results in another person being adversely affected by the unlawful use of his or her name or other identification, the suspect commits a felony of the third degree, punishable by up to 5 years in prison.
In sentencing a person for violation of this section, a court may order restitution (payment for damages caused by and a direct result of the person committing the crime).
The sentencing court may issue such orders as are necessary to correct any public record because it contains a false name or other false identification information given in violation of this section.
If someone used your name and it has caused you harm, upon application to the court, a person adversely affected by the unlawful use of his or her name or other identification in violation of this section may obtain from the court orders necessary to correct any public record. Call now for a free consultation if you are a victim of this crime to see if your record can be cleared.
What is an example of felony giving a false name? If a person driving a car while under the influence (DUI), gives a false name so that the DUI charge ends up on someone else's license. The giving of a false name cause the other person's license and insurance rates to be adversely affected. That would increase the crime of giving a false name from a misdemeanor to a felony. In addition, the person who's name was falsely used, could seek a court order removing that crime and DUI on their license under this criminal law.
What are some defenses to this crime?
If you were not under lawful arrest or being lawfully detained by a police officer or deputy, it is not a criminal offense to give a false name.
Call now for a FREE CONSULTATION to see if you have a defense to this crime such as an unlawful arrest or an unlawful detention by an officer or cop.
Call now for a FREE CONSULTATION to see if the officer had probable cause to arrest or detain you in your case.
RECANTING. If the arrested person recants his statement about his false name and gives the correct name, this can be a defense to this crime.
Where you searched pursuant to an arrest for this crime? If the arrest for giving a false name was illegal, the search is illegal as fruit of the poisonous tree. The evidence can be suppressed, thrown out of court and your criminal charges can be dismissed.
Immediately call and speak to Thomas Grajek, an aggressive criminal defense lawyer for a FREE CONSULATATION regarding your arrest for giving a false name.
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THOMAS C. GRAJEK, CRIMINAL DEFENSE ATTORNEY
Handling all criminal and juvenile cases in Polk County, Florida including Bartow, Lakeland, Winter Haven, Auburndale, Haines City, and Davenport.