Criminal Defense
Since 1993
Since 1993
Freedom to Lie? When Giving a Fake Name to the Police is Legal
By: John Guidry
What fun would freedom of speech be without the freedom to lie?
So, when someone in a bar comes up and wants to know your name, must you give them your real name? Of course not. You can be “Bond, James Bond” all night long if you want.
But what if that “someone” is a cop? Must you give the police your real name? Well, that depends.
Arrested for Giving a False Name during a casual encounter?
You might not have broken the law. Call John today at (407) 423-1117.
The Crime: Florida Statute 901.36
It is a crime to give law enforcement a false name, and this comes up more than you might think in Orlando. Florida Statute 901.36 calls this “Giving a False Name to a Law Enforcement Officer.”
Sometimes, police try to turn a citizen’s lies into a Resisting an Officer Without Violence charge (for failing to obey a lawful command), but often they go straight for the “False Name” charge.
However, just like the bar scenario, context is everything.
The Case: K.D. v. State
In the case of K.D. v. State, 43 So. 3d 829 (Fla. 1st DCA 2010), a young juvenile gave a false name to police during questioning.
- The Arrest: The police arrested K.D. for giving a false name.
- The Conviction: K.D. was found guilty.
- The Appeal: The First District Court of Appeal overturned the conviction.
Why Was It Overturned? The court determined that K.D. was allowed to give a fake name under the circumstances because he was not legally detained.
The statute prohibiting the giving of a false name only applies to situations where a person has been:
- Arrested, or
- Lawfully Detained.
The court reasoned that K.D.’s encounter with the police was a “consensual encounter”—just officers asking questions without enough suspicion to legally hold him. Because he wasn’t detained, the statute didn’t apply.
John’s Takeaways
- Chalk One Up for Freedom of Speech: While I don’t recommend lying to the police (it makes them angry and suspicious), legally speaking, you cannot violate Statute 901.36 unless the police have already detained you for a crime.
- Consensual Encounters: If an officer walks up to you and asks, “What’s your name?” and you aren’t under suspicion of a crime, you can technically say whatever you want (or say nothing at all).
- The “Resisting” Trap: Be careful. Even if the “False Name” charge doesn’t stick, police often use “Resisting Without Violence” as a backup charge if they feel you are hindering an investigation.
Was Your “Lie” Actually Legal?
If you were charged with giving false information, we need to determine if you were legally detained at that moment. If not, the charge should be dismissed.
Call me at (407) 423-1117. Let’s review the facts.
About John Guidry II
John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.
Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.
Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.
When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.