Under G.L. c. 268, §34A it is illegal to deliberately give false information to a police officer after being arrested. False information could include a false name, date of birth, home address, or phone number.
Is it illegal to give a fake name to a police officer?
Yes, a defendant can be charged with knowingly and willfully giving a false name to a police officer after being arrested. Commonwealth law states:
“Whoever knowingly and willfully furnishes a false name…to a law enforcement officer or law enforcement official following an arrest shall be punished…”
In other words, any person who either knowingly or willingly gives one is committing a crime.
What does the government have to show to prove I gave a false name to a police officer?
The Commonwealth can prove a defendant guilty of the crime of giving a false name upon arrest if it proves all three of the following elements of the crime beyond a reasonable doubt:
- Police arrested the defendant
- The defendant then gave a false name to a police officer
- That the defendant gave a false name knowingly and willfully
Note that it is something that a person has assumed for a dishonest purpose.
Also note that a defendant gives a false name knowingly and willfully when he or she intentionally gives the police a name he or she had assumed for a dishonest purpose.
Remember that the Commonwealth does not have to prove the defendant’s true name.
If I give a false name to a police officer, am I still legally allowed to change my name?
Yes, the law permits a person to change his or her name at will, without resorting to legal proceedings, merely by adopting another name. As long as that person is not using that name for a dishonest purpose, that person is not committing a crime.
What are some examples of “dishonest purposes” when providing a name to a police officer?
Dishonest purposes include:
- Concealing one’s criminal record to avoid charges as a multiple offender
- To conceal one’s criminal record to obtain more favorable bail consideration
- Concealing one’s identity to avoid answering to an outstanding warrant
- Creating a new identity
Is it a crime to give a false name BEFORE arrest?
If a person previously has identified himself or herself to any police department under a name that is different from the that he or she used following the arrest in question and failed to disclose his or her prior use of a different name, the jury is permitted to infer that his or her failure to make such a disclosure was for a dishonest purpose and that he or she was using one.
Note that it is to the discretion of the juror over whether or not to draw this inference, but they may do so.
IF YOU OR A LOVED ONE HAVE BEEN CHARGED WITH GIVING A FALSE NAME UPON ARREST, AND YOU NEED AN EXPERIENCED CRIMINAL DEFENSE LAWYER WORKING ON YOUR SIDE TO PROTECT YOUR RIGHTS, PLEASE CONTACT CRIMINAL DEFENSE ATTORNEY WILLIAM J. BARABINO.
CALL 781-393-5900 TO LEARN MORE ABOUT YOUR AVAILABLE DEFENSES.
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