Legal Question in Criminal Law in Texas

Re: False Information

Unfortunately, officers lie all the time. It is an investigative practice (ie: tricking the "bad guys" into talking) that neither the courts nor the law have seen fit to prohibit. On the other hand, Section 37.08 of the Texas Penal Code does prohibit a person from knowingly making a false statement to a peace officer, or to any employee of a law enforcement agency who is authorized to conduct an investigation, if that statement is material to an investigation. Further, any false statements you make can hurt your credibility later on if you end up in court. Even if you reply honestly, your words are likely to be twisted and turned against you. Pursuant to the Texas Penal Code, section 38.02, if you have been lawfully detained or arrested, upon the request of an officer, you must (truthfully) provide your name, residence address and date of birth. Beyond that, it is in your best interest to assert your 5th Amendment right to remain silent until you have an attorney present. Let your attorney sort out what is "material" and whether or not the detention was lawful. This will save you a world of problems and regrets later on!

Re: False Information

Police are permitted to lie when questioning suspects. In most cases, it is not a law violation to lie to the police. It is a law violation to lie to a Federal investigator. It would be better not to lie to law enforcement officers, but instead invoke the Constitutional privilege to remain silent and not say anything at all. This is the safest course. If you are being questioned by the police in a situation where you are a suspect, you should have qualified legal counsel present for any interviews.