Are You Looking for the Best Denton Failure to Identify Attorney?
If you’re looking for the best Denton Failure to Identify attorney, then Paul Saputo and Nick Toufexis want to represent you. The Saputo Toufexis partnership brings together award-winning attorneys Paul Saputo and Nicholas Toufexis, and we bring the firm’s full resources to bear on every Collin County Failure to Identify case.
Denton Failure to Identify Attorney FAQs
- How do I get a Failure to Identify charge dropped in Denton, Texas?
- What does a Failure to Identify charge really mean?
- How do I win a Failure to Identify case in Denton?
- How much does a lawyer charge for a Failure to Identify case in Denton, Texas?
- What happens at a Denton arraignment?
- How can you modify your Denton bond conditions after a Failure to Identify arrest?
- What is the most common sentence for a Failure to Identify charge in Denton?
Our boutique criminal defense practice at Saputo Toufexis | Criminal Defense is distinguished by our unwavering commitment to delivering consistently high-level legal representation. We believe in providing extraordinary service to our clients, and we seek to represent clients who expect as much.
We’re not just Denton 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. Winning you case requires more than just advocating for you in the Denton courtrooms. As your Denton Failure to Identify attorney, we advise you on the range of issues you will undoubtedly face throughout the criminal prosecution.
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 Denton Resisting Arrest case. Call us or book an appointment online today.
Contact a Denton
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 Denton 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 Denton 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 Denton, Texas?
In order to get a Failure to Identify charge dropped in Denton, 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 Denton.
One such case is Green v. State.
Green v. State
In Green v. State, decided on October 19, 1995, by the Court of Appeals of Texas Second District Fort Worth, Edward Warren Green II appealed his conviction for Failure to Identify under Tex. Penal Code Ann. § 38.02 (1994) from the County Court at Law No. 2 of Denton County, Texas. Green was convicted for intentionally giving a false and fictitious name to a peace officer who had lawfully detained him. The appeal centered on whether the misdemeanor information charging the offense needed to allege that Green had knowledge that the person detaining him was a peace officer, a point Green argued was necessary for the charge to be sufficient.
The appellate court reversed Green’s conviction, holding that the state must plead and prove that the defendant knew the individual requesting his name was a peace officer. The court cited Ledesma v. State, which stated that for a citizen to be convicted for “Failure to Identify,” it must be shown that the defendant knew the requester was a peace officer. Thus, the court found that the information filed against Green was insufficient because it failed to allege his knowledge of the officer’s status. The case was remanded for further proceedings, emphasizing the necessity of including the defendant’s knowledge of the peace officer’s identity in the charge.
This decision underscores the importance of specificity in criminal charges, particularly those involving the defendant’s awareness of key facts at the time of the alleged offense. By reversing and remanding the case due to a lack of specified knowledge in the charge, the court highlighted the critical nature of this element in ensuring a fair and lawful prosecution for the offense of failure to identify.
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 Denton 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 Denton. Law enforcement agencies in Denton that most typically make Failure to Identify arrests include:
- Denton County Sheriff’s Office – The sheriff’s office is responsible for making Failure to Identify arrests in unincorporated areas of Denton County and operates the Denton County Jail.
- Denton Police Department – Serving the city of Denton, the police department makes Failure to Identify arrests within the city limits.
- Lewisville Police Department – Serving the city of Lewisville, this municipal police department is responsible for law enforcement, including for Failure to Identify cases, within the city limits.
- Flower Mound Police Department – This municipal police department serves the town of Flower Mound by providing law enforcement within the town.
- Highland Village Police Department – Serving the city of Highland Village, this municipal police department is responsible for law enforcement within the city limits.
- target=”_blank”The Colony Police Department – The Colony’s police department handles Failure to Identify cases within the city limits.
- Argyle Police Department – Serving the town of Argyle, this municipal police department enforces the Failure to Identify law within the town.
- Lake Dallas Police Department – This municipal police department provides law enforcement services to the city of Lake Dallas within the city limits.
- Little Elm Police Department – This municipal police department serves the town of Little Elm for law enforcement related to Failure to Identify cases within the town.
- Roanoke Police Department – The Roanoke Police Department investigates Failure to Identify cases within the city limits.
How do I win a Failure to Identify case in Denton?
To beat a Failure to Identify charge in Denton, Texas, you must utilize due process to confront all witnesses and challenge all evidence. This means disputing reasonable suspicion, probable cause, and all forensic evidence. You can’t win if you don’t fight.
Even if you believe you cannot beat the case, as your Denton 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.
Denton Failure to Identify Attorney Case Defense Strategy
Getting the best result in a Denton Failure to Identify case requires being fully prepared for all hearings and court settings – not just trials. Accordingly, when you hire us as your Denton Failure to Identify attorney, we prepare early and thoroughly. As soon as we get on a case, the Denton District Attorney’s Office knows that we are getting ready for trial. They know that we are going for an outright acquittal.
But the preparation often starts even before the case begins. From the moment that the police initiate an investigation or make an arrest, we have work to do. If you want to win your case, then we must do our own investigation. The state has police and investigators of their own working for them to gather evidence to support their case. We can’t afford to let their evidence stand uncontroverted.
As a client, you will benefit from the investigative resources of the entire law firm. We have a team of dedicated professionals, including paralegals, investigators, and forensic experts. Our attorneys utilize our team’s extensive investigative experience to perform the ground work that makes our cases strong.
How much does a lawyer charge for a Failure to Identify case in Denton, Texas?
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 Denton. Some Denton Failure to Identify lawyers may charge much more depending on the complexity of the Denton 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 You Should Do if You Are Falsely Accused of Failure to Identify in Denton
Even when falsely accused of Failure to Identify, it’s crucial to treat the charge with the utmost seriousness. You might hope the state would dismiss the charges due to your innocence. But without skilled legal representation, the case may proceed to trial, where a jury will ultimately make the decision.
If the Denton District Attorney has charged you with Failure to Identify, or if you are under investigation for the offense by the police, then you should book an appointment or call us as soon as possible to speak with one of our Denton Failure to Identify attorneys.
How can you modify your Denton bond conditions after a Failure to Identify arrest?
Start by consulting with your Denton 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 Denton arraignment?
At your arraignment, a Denton judge will hear your plea of not guilty. In Denton, 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 Denton 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 Denton 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 Denton Failure to Identify charge in Denton?
The Texas Penal Code defines the penalty range for Failure to Identify offenses across Texas. The penalty classification for Failure to Identify ranges from a Class C Misdemeanor to a Class A Misdemeanor, depending on the circumstances. However, it is important to consider the potential collateral consequences of a Failure to Identify conviction. These collateral consequences are additional penalties not directly outlined in the penal code’s penalty scheme, but nonetheless accompany the conviction. Your Denton Failure to Identify attorney should discuss these consequences with you before you decide how to handle your case.
The exact penalty one might face from a Failure to Identify conviction varies greatly, influenced by factors such as you prior criminal record and the offense specifics. You can find details on the penalty range for all Failure to Identify here. For specifics on typical penalties in Denton Failure to Identify cases, call us to schedule a consultation or book a consultation online.
About Saputo Toufexis | Criminal Defense
If you want to hire us as your Denton 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 Denton 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:
Nick Troufexis was super. He helped a family member out and was great from beginning to the end. Looking for a dependable, honest straight forward law firm. This is your firm and Nick is the guy. Talking about results, oh he delivered on every spectrum. So if your on the phone with another law firm, hang up and call Saputo Defense NOW!!!
– Real client review posted on the Saputo Toufexis | Criminal Defense PLLC Google Profile.
See more client reviews and testimonials here.
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