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.