Are You Looking for the Best Dallas Failure to Identify Attorney?
If you’re looking for the best Dallas Failure to Identify attorney, then Paul Saputo and Nick Toufexis want to represent you. Our award-winning attorneys bring significant experience to the table, and we have the victories to prove our effectiveness.
Dallas Failure to Identify Attorney FAQs
- How do I get a Failure to Identify charge dropped in Dallas, Texas?
- What does a Failure to Identify charge really mean?
- How do I win a Failure to Identify case in Dallas?
- How much does a lawyer charge for a Failure to Identify case in Dallas, Texas?
- What happens at a Dallas arraignment?
- How can you modify your Dallas bond conditions after a Failure to Identify arrest?
- What is the most common sentence for a Failure to Identify charge in Dallas?
All of the Saputo Toufexis | Criminal Defense attorneys have dedicated their careers to defending clients in criminal courts. We maintain an unwavering dedication to delivering expert representation, and we represent clients who expect this highest level of legal representation.
We’re not just Dallas 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. If the police have already arrested you for Failure to Identify, the most important thing for you to do is to hire a lawyer as soon as possible to defend you against the onslaught of prosecution by the state. You are not guilty unless and until the Dallas District Attorney proves its case in court.
Our experienced team works tirelessly to build a strong defense and protect our clients’ rights. We can provide you with an effective defense strategy for your Dallas Resisting Arrest case. Call us or book an appointment online today.
Contact a Dallas
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.
Choosing The Right Dallas 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.
Do you need a Dallas Failure to Identify attorney? Call us today at (888) 239-9305 to discuss legal representation.
How do I get a Failure to Identify charge dropped in Dallas, Texas?
In order to get a Failure to Identify charge dropped in Dallas, 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 Dallas.
One such case is Pastorello v. State.
Pastorello v. State
In Pastorello v. State, the Court of Appeals of Texas Fifth District Dallas on November 20, 1998, affirmed Joseph Pastorello’s conviction for Failure to Identify While a Fugitive from the County Criminal Court No. 7 Dallas County, Texas. Pastorello’s conviction arose after he provided false identification to police officers who were investigating a criminal trespass complaint against him. The police were called to a retail store where Pastorello had been making unwelcome visits. When asked for his identification, he gave the officers a false name, two false birthdays, and a false address. The state introduced evidence of Pastorello’s prior arrests, which revealed his true identity, and further investigation by the officers showed the address he provided did not correspond to his residence.
Pastorello appealed, arguing that the evidence was legally and factually insufficient, particularly claiming that the state failed to prove an outstanding valid arrest warrant against him and failed to provide a warrant number. However, the appellate court found the evidence sufficient to support the conviction, noting that a municipal court judge had signed an arrest warrant for Pastorello for “manifesting purpose of prostitution,” establishing his fugitive status. This evidence, alongside the officers’ testimony and the inconsistency of Pastorello’s provided information, contributed to the court’s decision to affirm the conviction.
This case underscores the legal standards for the offense of failure to identify while a fugitive, highlighting the importance of proving the existence of an outstanding warrant and the accused’s attempt to conceal their identity. The appellate court’s affirmation of Pastorello’s conviction reflects the judiciary’s careful scrutiny of evidence and its sufficiency in upholding convictions related to identity and fugitive status.
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 Dallas 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 Dallas. Law enforcement agencies in Dallas that most typically make Failure to Identify arrests include:
- The Dallas County Sheriff’s Department handles Failure to Identify cases throughout Dallas County.
- Dallas Police Department serves as the primary municipal police department within Dallas County and plays a significant role in Failure to Identify enforcement.
- Irving Police Department also contributes to investigating Failure to Identify cases within its jurisdiction in Dallas County.
- Mesquite Police Department serves the community of Mesquite within Dallas County and may handle Failure to Identify cases within its jurisdiction.
- Grand Prairie Police Department is responsible for law enforcement within Grand Prairie and contributes to investigating Failure to Identify cases within its jurisdiction.
How do I win a Failure to Identify case in Dallas?
To beat a Failure to Identify charge in Dallas, Texas, you must employ every procedural tool to obtain information and thoroughly investigate the case. Contest all evidence, including witness statements and forensic evidence. Remember, victory hinges on your determination to fight relentlessly.
Even if you believe you cannot beat the case, as your Dallas 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.
Dallas 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 Dallas 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 a lawyer charge for a Failure to Identify case in Dallas, Texas?
Attorney’s fees for a Failure to Identify charge typically range from $3,500 to $6,000 in Dallas, Texas. You can expect to pay higher attorney fees for more complex cases. Some Dallas Failure to Identify lawyers may charge much more. But exercise caution when encountering attorneys who offer unexpectedly low fees.
In addition, many lawyers charge extra fees for trial. If you hire an attorney from outside Dallas, sometimes travel fees may apply.
What to Do if Falsely Accused of Failure to Identify in Dallas
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 Dallas Failure to Identify attorneys.
How can you modify your Dallas bond conditions after a Failure to Identify arrest?
Start by consulting with your Dallas Failure to Identify attorney. Work closely with your attorney to build a compelling case for the requested modifications.
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 Dallas arraignment?
At your arraignment, a Dallas judge will hear your plea of not guilty. In Dallas, 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 Dallas 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 Dallas 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 Dallas Failure to Identify charge in Dallas?
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 Dallas Failure to Identify cases, call us to schedule a consultation or book online.
Furthermore, all good Dallas 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 Dallas 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
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 Dallas 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:
Paul Saputo is a great attorney to have in your corner to be able to fight for you and handle your cases. How he does so is in a very fashionable manner. I have no complaints. After dealing with different attorneys…I can say Paul Saputo is one of the best.
– Real client review posted on the Saputo Toufexis | Criminal Defense PLLC Google Profile.
See more client reviews and testimonials here.
Legal References:
