Stop and Identify! (And What Happens if You Don’t)

Indiana is one of many states that has a “stop and identify” law. Indiana’s version requires you to stop when a police officer tells you to, if the officer “believes in good faith” that you have “committed an infraction or ordinance violation.”

When told by police to stop, you are required to give them one of the following:

• Your name, address, and date of birth

or

• Your driver’s license, if you have it with you

In other words, even if you have your driver’s license with you and are stopped on the street because a police officer believes you may have committed a crime (or ordinance violation), you can comply with the law by giving the officer your name, address, and birthdate.

What Happens if You Fail to Stop or Identify

If you don’t stop when you’re told to by the police or if you do and refuse to identify yourself, you can be charged with a Class C misdemeanor. That can result in a jail sentence of up to 60 days as well as a fine of up to $500.

Defenses if You’re Charged With Failure to Stop and Identify

One possible defense if you are charged with failing to stop when told to by police or stopping and refusing to identify yourself is that the police officer did not tell you why you were being stopped – in other words, what the reason was for the stop.

Another possible defense is that the officer did not have a “good faith belief” that you had committed “an infraction or ordinance violation.” This can be hard to prove. Police tend to be very good at coming up with plausible explanations for stopping people. That doesn’t mean, however, that you would never be able to defend yourself against an unwarranted stop by a cop. If it happens to you, it’s important to remember as much as you can about the circumstances leading up to the order for you to stop. If you can find any witnesses who saw what happened, it can be very useful to get their contact information. Finding available video footage of the encounter could also help.

Razumich & Associates Can Defend You Against Stop and Identify Charges

If you have been charged with failing to stop and identify yourself in response to a police officer’s demand, contact Razumich & Associates for help. These cases are very dependent on the testimony of the arresting officer, and it’s not unusual for an officer to be acting on instinct instead of on a “good faith belief.” And even a misdemeanor on your record is something you want to avoid if at all possible.

We know what it takes to defend against all types of criminal charges, including misdemeanors, and are fighting for our clients in criminal cases all across Indiana. Contact us at 317-983-5333 or fill out our contact form so that we can set up a consultation. Let us tell you how Razumich & Associates is ready to fight for your rights!