The moment that the police get involved in a situation, people can panic – and that can lead to bad decisions. If you find yourself in an unexpected situation and the police are present, you may be reluctant to give your real name or address (particularly if you have an outstanding warrant or otherwise fear arrest). However, giving a false one can be very problematic.
Under Georgia law, knowingly giving a false name, address or date of birth to a law enforcement officer can be a misdemeanor. Under Georgia law, it is a misdemeanor to provide false identifying information to an officer who is lawfully performing official duties with the intent to mislead that officer about the person’s identity or birthdate.
The difference between a mistake and a crime
People get tongue-tied and may misspeak when they feel frightened, upset or intimidated. Therefore, it is always possible that someone made a mistake while speaking. They might give the police a “street” name or a nickname they’ve long used, without thinking that they’re somehow misleading the officer. They might – especially if they’ve been drinking – give an old address.
A mistake is not necessarily a crime. To obtain a conviction, prosecutors generally must show that the person intended to mislead the officer. That might require looking at things like:
- Whether the person gave multiple conflicting names or birthdates
- Whether the false information belonged to another real person
- Whether the person corrected the mistake
- Whether the person possessed identification showing a different name
- Whether there was an outstanding warrant or another apparent reason to conceal the person’s identity
Whether the officer’s body camera recorded the person as they were giving this false information can also be a factor in whether the offense is prosecuted.
One lie can lead to multiple problems
A conviction can mean possible jail time, fines and a criminal record. Anyone charged with giving false identifying information should seek legal guidance as quickly as possible.