Can I Be Arrested for Giving the Police a Fake Name?

Giving the police a fake name is always a risky decision, but in California, it is generally only a crime if you do it while you are legally arrested or detained. Additionally, the California law that prohibits giving a fake name to police in some scenarios also makes it illegal to provide other false identification, such as the wrong birthdate. During any encounter with law enforcement, you need to be aware of your rights and try to avoid any provocations that could endanger your freedom.

Providing False Identification to a Police Officer

California law bans giving law enforcement a fake name in certain circumstances. To prove that you committed the crime of providing false identification to a police officer, a prosecutor must prove that you:

• Knowingly gave false identification to a police officer;
• After you had been legally detained or arrested;
• For the purpose of avoiding correct identification or any court process.

This means that you had to try to get out of an arrest or avoid some other legal process, such as a warrant. By giving the wrong name, such as that of a sibling or neighbor, you could be hoping to delay or thwart a legal investigation.

The California statute only makes it a crime to knowingly provide a fake name. However, it is unlikely you can argue you did not know your real name, so this point is rarely an issue.

What Is a Legal Detention or Arrest?

It is not a crime to give the police an incorrect name during casual conversation. Still, it is not recommended to incite law enforcement. The law only criminalizes giving a fake name after you have been legally detained or arrested. This has two practical applications.

First, if you were arrested or detained illegally, you cannot face consequences for giving out false identification to the police. Under the Fourth Amendment of the U.S. Constitution, the government cannot unreasonably search or seize you or your property. If the police overstep their bounds and infringe on your constitutional rights, it will not matter whether you gave them the correct identification.

Second, you can legally give the police a fake name before you are detained or arrested. While a traffic stop is generally considered a legal detention by the police, this could be important in other public places.

For example, imagine you are walking down the street when an officer yells at you: “what’s your name?” If you respond with “John Doe,” and then the police tell you to stop or that you are under arrest, you did not violate the law.

Punishment for Giving the Police a Fake Name

The offense of providing law enforcement with a fake name is always a misdemeanor in California. If you are convicted, the maximum penalties you will face include:

• Spending up to six months in county jail; and,
• A fine of up to $1,000.

Additionally, judges have the authority to grant you summary probation in place of jail time. If you have a relatively clean criminal history and this is your first offense, you will be a good candidate for probation. If you successfully complete the terms of your probation, you will not have to spend much time, if any, in jail.

Did you give the police a fake name in Irvine, California, and now need legal help? Chambers Law Firm has experienced criminal defense attorneys ready to help fight your case. Call us now to set up a no-obligation first meeting at 714-760-4088 or dchambers@clfca.com.