Giving False Name or Information to a Law Enforcement Officer is commonly
charged as an addition to other charges. O.C.G.A. 16-10-25 lays out the
elements for Giving False Name or Information. O.C.G.A. 16-10-25 states
that a person who gives a false name, address, or date of birth to a law
enforcement officer in the lawful discharge of his official duties with
the intent of misleading the officer as to his identity or birthdate is
guilty of a
misdemeanor. In prosecution of Giving False Name or Information, the District Attorney
must demonstrate adequate proof of:
1) The Defendant's Real Name
2) The Arresting Officer was in Lawful Discharge of His or Her Duties
3) An Intent to Mislead
As an example, fictional character, Larry is stopped by Peter Police Officer.
Peter Police Officer admits at trial that he had no reasonable articulable
suspicion for stopping and questioning Larry. In other words, Peter Police
Officer has no basis for believing that Larry was engaging in, has engaged
in, or is about to engage in criminal activity. In this instance, Peter
Police has no reasonable articulable suspicion and therefore is not in
the lawful discharge of his duties, an essential element of O.C.G.A. 16-10-25.
Larry should not be found guilty of Giving False Name or Information,
as the elements were not proven.
The facts around each arrest are different, and most arrests are substantially
more complex than the example I've given. Call the
Law Office of Robert L. Booker today and let us review the facts of your case. We will evaluate the pros
and cons of your case, and discuss all possible defenses available.