Collin County Failure to Identify Attorney

Are You Looking for the Best Collin County Failure to Identify Attorney?

If you’re looking for the best Collin County Failure to Identify attorney, then Paul Saputo and Nick Toufexis want to represent you. The Saputo Toufexis partnership brings the significant experience of our award-winning attorneys, and we strive to maintain our history of success for our Tarrant County Failure to Identify defense clients.

The Saputo Toufexis | Criminal Defense attorneys thrive on serving individuals who are dedicated to achieving the best outcomes. Our clients recognize the value of our legal expertise and want to hire the top attorneys in the field.

We’re not just Collin County Failure to Identify lawyers. We are warriors fighting unjust and corrupt government prosecutions with a history of success and a reputation for tenacity, courage and legal ingenuity.

In addition to our notable high-profile victories, our history of success also includes inconspicuous representation of numerous high-profile clients. Indeed, many of our biggest wins involved disposing of these cases quietly and out of the sight of the public. As your Collin County Failure to Identify attorney, we don’t just represent you in court. We handle every aspect of your case.

Our team of seasoned professionals has dedicated their careers to safeguarding the rights of our clients. Contact us now to start preparing your defense against Failure to Identify charges in Collin County.

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Contact a Collin County
Failure to Identify Lawyer

When you are ready to fight your case with us, schedule online or call us at 888-239-9305 to book a free, confidential consultation.

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Choosing The Right Collin County Failure to Identify Lawyer Can Make A Huge Difference In Your Case Result

Why would you hire a former prosecutor? Surprisingly, some people believe that former prosecutors provide some special advantage. However, many of these attorneys seem to quickly push clients to a plea deal. If you really want someone who will fight for you or your loved one, get an attorney who has dedicated their life to protecting the accused.

At Saputo Toufexis | Criminal Defense, we are defense lawyers, first and foremost. We stake our reputation on bringing the fight to the state. We have never worked for the government and never will. Learn more about our team, awards, and some of our victories.

How do I get a Failure to Identify charge dropped in Collin County, Texas?

In order to get a Failure to Identify charge dropped in Collin County, you must convince the state that they cannot prove at least one of the elements of the offense as it is defined in Penal Code §38.02.^[1] Our lawyers are experts in the Texas law regarding Failure to Identify, and we leverage our legal knowledge to mount successful defenses to government prosecutions.

Thoroughly understanding both the Failure to Identify statute and related case law contributes to effectively defending you in court. As part of our practice, we publish and regularly update a statutory resource guide covering all Texas Penal Code crimes. We analyze the Failure to Identify statute in detail on the Failure to Identify offense page. We also maintain our expertise by keeping up with the latest case law affecting Failure to Identify cases in Collin County.

One such case is Dilworth v. State.

Dilworth v. State

In Dilworth v. State, delivered on July 1, 2020, by the Court of Appeals of Texas Fifth District Dallas, Nayah Simone Dilworth’s conviction for Failure to Identify in Collin County was affirmed. The case arose from a situation where officers, investigating a theft in progress at an Old Navy store, detained Dilworth and her companions based on matching descriptions. Although it was determined that no theft had occurred, the store manager requested that criminal trespass warnings be issued to Dilworth and her companions. During this process, Dilworth provided false identifying information to the officers, leading to her arrest and subsequent conviction for failure to identify as a fugitive from justice, given her outstanding warrants.

Dilworth appealed, arguing that her detention was unlawfully prolonged beyond the conclusion of the theft investigation, thereby making her provision of false information occur during an illegal detention. However, the appellate court found that the officers were still in the process of issuing a criminal trespass warning, which was part of their investigation, at the time Dilworth lied about her identity. This maintained the lawfulness of her detention. Furthermore, the court noted that the prolongation of the detention was, in part, due to Dilworth’s provision of false information, reinforcing the legality of her arrest and the sufficiency of evidence for her conviction.

This decision underscores the legality of police conduct during investigatory detentions and the consequences of providing false information during such encounters, especially when there are outstanding warrants. The appellate court’s affirmation of the trial court’s judgment highlights the critical distinction between the completion of an investigation and ongoing investigatory actions, such as issuing a criminal trespass warning, which legitimizes the detention’s continuation.

What does a Failure to Identify charge really mean?

The general definition of the Texas charge of Failure to Identify, according to the Texas Penal Code, is as follows:

(a) A person commits an offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information.

(b) A person commits an offense if he intentionally gives a false or fictitious name, residence address, or date of birth to a peace officer who has:

(1) lawfully arrested the person;

(2) lawfully detained the person; or

(3) requested the information from a person that the peace officer has good cause to believe is a witness to a criminal offense.

Law Enforcement Agencies in Collin County that Make Failure to Identify Arrests

Peace officers with the Texas Department of Public Safety, constable offices, and municipal police departments can make arrests for violations of Failure to Identify in Collin County. Law enforcement agencies in Collin County that most typically make Failure to Identify arrests include:

• The Collin County Sheriff’s Office handles Failure to Identify enforcement throughout Dallas County.
• McKinney Police Department – Serving the city of McKinney, the police department provides Failure to Identify enforcement within the city limits.
• Plano Police Department – This municipal police department serves the city of Plano by investigating Failure to Identify cases within the city’s limits.
• Frisco Police Department
• Allen Police Department
• Murphy Police Department
• Wylie Police Department
• Anna Police Department
• Princeton Police Department
• Farmersville Police Department
• Melissa Police Department

How do I win a Failure to Identify case in Collin County?

To beat a Failure to Identify charge in Collin County, Texas, you must use due process to confront all witnesses and challenge all evidence, which includes disputing reasonable suspicion, probable cause, and all forensic evidence. Winning requires a fight.

Even if you believe you cannot beat the case, as your Collin County Failure to Identify attorney, we will look for every avenue to help you. If you want to plead guilty, we must still fight to protect your rights. We want to ensure that the case does not ruin your life. Sometimes the defense strategy requires us to get the best possible result short of a not guilty verdict.

Collin County Failure to Identify Attorney Case Defense Strategy

In order to form a winning Failure to Identify case defense strategy, we must thoroughly investigate the case. This includes gathering evidence, interviewing witnesses, and examining the prosecution’s evidence for weaknesses or inconsistencies. Accordingly, the preparation often starts even before the case begins. As soon as the police initiate an investigation or make an arrest, we can start our own investigation. If you want to win your case, then you should work to obtain exculpatory evidence. The state has police and investigators of their own working for them to gather evidence to support their case. As your Collin County Failure to Identify attorney, we can’t afford to let their evidence stand uncontroverted.

Our clients take advantage of our law firm’s comprehensive investigative resources. Our dedicated team comprising paralegals, investigators, and forensic experts, collaborates with our attorneys to lay the groundwork that fortifies our cases with their extensive investigative expertise.

How much does it cost to fight a Collin County, Texas, Failure to Identify case?

Attorney’s fees will vary. However, you can expect to pay from $3,500 to $6,000 on average for Failure to Identify cases in Collin County. Some Collin County Failure to Identify lawyers may charge much more depending on the complexity of the Collin County case. But be wary of lawyers who charge surprisingly low fees.

When consulting with a lawyer, remember to ask whether any any hourly fees apply. Additionally, most lawyers charge extra fees for trial, travel and expenses.

What to Do if Falsely Accused of Failure to Identify in Collin County

Even if someone has falsely accused you of Failure to Identify, you should nevertheless still always take this charge very seriously. You may think that the state may “drop charges” against you because you are innocent. But absent effective advocacy by a lawyer, the state will often take the case to trial and let the jury decide.

If the state has charged you with Failure to Identify, or if you are under investigation for the offense, then you should book an appointment or call us as soon as possible to speak with one of our Collin County Failure to Identify attorneys.

How can you modify your Collin County bond conditions after a Failure to Identify arrest?

In Texas, judges wield considerable authority in establishing bail and bond conditions. However, there are instances where judges may impose excessively stringent conditions and unreasonably high bail amounts. If you want to change these bond conditions, start by consulting with your Collin County Failure to Identify attorney.

Your attorney will file either a motion or a writ of habeas corpus requesting a modification of your bond conditions. The motion or writ outlines the specific changes you are seeking and the reasons for the requested modification.

The judge will ultimately decide whether to approve the requested modifications. They will consider factors such as the nature of the charges, your criminal history, the risk to public safety, and other relevant circumstances. Keep in mind that the judge will base the decision on a careful evaluation of the facts and circumstances of your case.

What happens at a Collin County arraignment?

At your arraignment, a Collin County judge will hear your plea of not guilty. In Collin County, you may not have an attorney at your initial arraignment. However, the court will not hear a guilty plea prior to your being represented by counsel. In addition, the court may also set bail and bond conditions if you have not already received them.

If the police have arrested you for Failure to Identify, then Texas Code of Criminal Procedure §17.40 requires Collin County judges to “impose any reasonable condition of bond related to the safety of a victim of the alleged offense or to the safety of the community” to secure your attendance at trial. If the state alleges that you violated those bond conditions, then the Collin County Sheriff’s Office can immediately return you to custody. Accordingly, judges have very broad power in determining bail conditions and bond amounts.

What is the most common sentence for Collin County Failure to Identify charge in Collin County?

The Texas Penal code outlines the range of punishment for all Failure to Identify convictions across the state. The penalty classification for Failure to Identify ranges from a Class C Misdemeanor to a Class A Misdemeanor, depending on the circumstances.

However, the actual punishment you receive will vary significantly based on a number of circumstances, including your prior criminal history and the circumstances of the offense. With this in mind, you can learn about the penalties that apply to all Texas convictions for Failure to Identify here. Otherwise, to learn more about what kind of punishment is typical in Collin County Failure to Identify cases, call us to schedule a consultation or book online.

Furthermore, all good Collin County Failure to Identify attorneys will also advise you on the collateral consequences of a Failure to Identify conviction. Collateral consequences are penalties derived from convictions that are not necessarily part of the penal code punishment.

About Saputo Toufexis | Criminal Defense

If you want to hire us as your Collin County Failure to Identify lawyers, then you should probably get to know us!

The Saputo Toufexis | Criminal Defense Lawyers

Paul Saputo and Nicholas Toufexis are partners at Saputo Toufexis | Criminal Defense PLLC and lead the entire trial team at the firm.

Mr. Saputo has practiced throughout Texas in more than fifty Texas state and federal courts and developed groundbreaking innovations in defense strategies and tactics. After graduating from the elite Duke University School of Law, a nationally recognized top-ten law school, Mr. Saputo started his career at Vinson & Elkins. More about Paul Saputo…

Mr. Toufexis is a veteran of the United States Navy and a graduate of SMU Dedman School of Law. He has dedicated his entire legal career to criminal defense, and has been with the firm since law school. Recently named a partner, Nick has achieved exceptional results in and out of court for years. More about Nick…

Awards

Numerous organizations have awarded Mr. Saputo recognition for his outstanding criminal defense work, for example:

• Martindale-Hubbell® AV Preeminent™ Rating
• Recognized by Super Lawyers®
• Consistently recognized by D Magazine in “Best Lawyers” for Criminal Defense
• Recognized by Best Lawyers: Ones to Watch® in America for 2024 under the Criminal Defense: White Collar practice area.

Paul Saputo was voted one of the Three Best Rated Criminal Defense Lawyers in Dallas

More Awards & Recognition…

Nicholas Toufexis has likewise received many distinctions as well.

• Recognized by Super Lawyers®
• Recognized by Best Lawyers: Ones to Watch® in America for 2024 under the Criminal Defense: DWI/DUI practice area.

Victories

The Collin County Failure to Identify attorneys at Saputo Toufexis | Criminal Defense PLLC have obtained hundreds of victories in complex criminal litigation across Texas. Our victories include Not Guilty verdicts by jury acquittals, directed verdicts of Not Guilty, as well as both conditional and unconditional dismissals.

For descriptions and some details about example victories, visit our page on Notable Victories.

Reviews

One example review from a real client:

The most outstanding Law Firm in the DFW area Paul & Nick are top notch in handling legal matters! If you require legal assistance there is only one law firm in the DFW area to choose and it’s Saputo Toufexis | Criminal Defense PLLC! A huge Thank You to the entire staff!

– Real client review posted on the Saputo Toufexis | Criminal Defense PLLC Google Profile.

See more client reviews and testimonials here.

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Legal References:

^1. Texas Penal Code §38.02.