# WHat happens if you decline to identify yourself after a crime?

**URL:** <https://boards.straightdope.com/t/what-happens-if-you-decline-to-identify-yourself-after-a-crime/683223>\
**Category:** Factual Questions\
**Created:** [March 8, 2014, 10:11pm UTC](https://boards.straightdope.com/t/what-happens-if-you-decline-to-identify-yourself-after-a-crime/683223 "2014-03-08T22:11:28Z")\
**Posts on this page:** 20\
**Page:** 2

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**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\
**Post date:** [March 9, 2014, 2:38am UTC](https://boards.straightdope.com/t/what-happens-if-you-decline-to-identify-yourself-after-a-crime/683223/21 "2014-03-09T02:38:56Z")

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> [@guizot](#):
>
> However I don’t know what happens if you refuse to submit to fingerprinting in the booking process.

The prints get taken. Trust me, they get taken. It’s none too pleasant for the perp and the deputy/CO get’s pissed.

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**Author:** ![Questioning\_more](https://avatars.discourse-cdn.com/v4/letter/q/7bcc69/32.png) [@Questioning\_more](https://boards.straightdope.com/u/Questioning_more)\
**Post date:** [March 9, 2014, 2:46am UTC](https://boards.straightdope.com/t/what-happens-if-you-decline-to-identify-yourself-after-a-crime/683223/22 "2014-03-09T02:46:23Z")

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> [@Exapno\_Mapcase](#):
>
> You need to look up the concept of [contempt of court](http://en.wikipedia.org/wiki/Contempt_of_court). You’ll be squashed like a bug and everybody will think it’s just fine.
> 
> You might also want to consider that maybe you aren’t the first person in world history to have this idea, and that perhaps the court system might be prepared for this.

Don’t you just love people like this lad who don’t even read their own links?  
Not to mention that he would find it fine for a man to be imprisoned for ever for a crime like this!

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**Author:** ![Exapno\_Mapcase](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/exapno_mapcase/32/1051_2.png) [@Exapno\_Mapcase](https://boards.straightdope.com/u/Exapno_Mapcase)\
**Post date:** [March 9, 2014, 3:00am UTC](https://boards.straightdope.com/t/what-happens-if-you-decline-to-identify-yourself-after-a-crime/683223/23 "2014-03-09T03:00:30Z")

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You’re the one who talked about your triumphal media campaign. Nor can you suddenly switch and claim that you’re limiting your posts to U.K. law after saying that any responses are welcome and talking about common law countries, of which there are many.

As for the reactions to what might happen, you might want reconsider your position on how much support the rest of the world gives to Internet tough guys.

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**Author:** ![Questioning\_more](https://avatars.discourse-cdn.com/v4/letter/q/7bcc69/32.png) [@Questioning\_more](https://boards.straightdope.com/u/Questioning_more)\
**Post date:** [March 9, 2014, 3:02am UTC](https://boards.straightdope.com/t/what-happens-if-you-decline-to-identify-yourself-after-a-crime/683223/24 "2014-03-09T03:02:43Z")

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Did you read the part about US legislation and criminal contempt of court?  
I doubt people would find such gross abuse of power “fine” if it was ever allowed in the sense you suggest. My example was a joke, I hyperboled it up to murder because obviously such a thing would not be allowed. If a country went that far they might as well start setting up gulags, at least you’d get some work done.  
Apparently there is some case in civil court where a man refused to hand over 2.5 million to the court which the court supposedly knew existed.  
But civil courts are a joke anyway.  
Also I did a little search on this Harris guy who was held for 14 years due to the civil court decision and apparently sensible people do object to it.

> **[Pennsylvania Man Released After Record 14-Year Incarceration for Contempt](https://jonathanturley.org/2009/07/11/pennsylvania-man-released-after-record-14-year-incarceration-for-contempt/)**
>
> Since 1995, millionaire H. Beatty Chadwick, 72, has been released. We previously discussed the outrageous length of Chadwick’s incarceration for contempt since 1995 — 14 years! Judge Jo…

If you read that post and the comments.  
Anyway, stop replying and making a fool of yourself, nobody is being an internet tough guy I just thought your link was lame.

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**Author:** ![ThisUsernameIsForbidden](https://avatars.discourse-cdn.com/v4/letter/t/b4bc9f/32.png) [@ThisUsernameIsForbidden](https://boards.straightdope.com/u/ThisUsernameIsForbidden)\
**Post date:** [March 9, 2014, 3:17am UTC](https://boards.straightdope.com/t/what-happens-if-you-decline-to-identify-yourself-after-a-crime/683223/25 "2014-03-09T03:17:02Z")

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Wow, a highly presumptuous OP. I’ve never seen that on the internets.

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**Author:** ![Questioning\_more](https://avatars.discourse-cdn.com/v4/letter/q/7bcc69/32.png) [@Questioning\_more](https://boards.straightdope.com/u/Questioning_more)\
**Post date:** [March 9, 2014, 3:21am UTC](https://boards.straightdope.com/t/what-happens-if-you-decline-to-identify-yourself-after-a-crime/683223/26 "2014-03-09T03:21:44Z")

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Perhaps you have a link you have read that notes a person held in criminal contempt for longer than a year?

Please share! That is what the thread is about.

Heck I actually found something interesting.  
Criminal Contempt First Degree has a maximum sentence of 4 years according to this detail description:

> **[What is the penalty for a charge of criminal contempt for ...](https://www.justanswer.com/criminal-law/17jr5-penalty-charge-criminal-contempt.html)**
>
> What is the penalty for a charge of criminal contempt for violating an order of protection (first time) in NYC? - Answered by a verified Criminal Lawyer

Of course according to all those paragraphs declining to sign with your name couldn’t possibly fall under such a provision.  
So please. I asked for quality answers and I am polite as long as I receive them 🙂

I don’t assume things and I ask the same in return!

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**Author:** ![randompattern](https://avatars.discourse-cdn.com/v4/letter/r/7993a0/32.png) [@randompattern](https://boards.straightdope.com/u/randompattern)\
**Post date:** [March 9, 2014, 3:27am UTC](https://boards.straightdope.com/t/what-happens-if-you-decline-to-identify-yourself-after-a-crime/683223/27 "2014-03-09T03:27:17Z")

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> [@Questioning\_more](#):
>
> So I could be jailed for this crime as long or longer than for a murder? I would love to test this out just to sue the government to the highest levels. I frankly doubt they would be able to sweat the media campaign 🙂

In order to sue I’m pretty sure you would have to identify yourself in the suit. 😕

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**Author:** ![Questioning\_more](https://avatars.discourse-cdn.com/v4/letter/q/7bcc69/32.png) [@Questioning\_more](https://boards.straightdope.com/u/Questioning_more)\
**Post date:** [March 9, 2014, 3:32am UTC](https://boards.straightdope.com/t/what-happens-if-you-decline-to-identify-yourself-after-a-crime/683223/28 "2014-03-09T03:32:09Z")

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No I can ask the ACLU to sue on my behalf! Were you trying to be a smartass? please don’t. I’m not! 🙂

Also you are allowed to file anonymous suit!

Of course unconstitutional punishment (Cruel and Unusual) would be a crime so I can just report it anonymously too!

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**Author:** ![ThisUsernameIsForbidden](https://avatars.discourse-cdn.com/v4/letter/t/b4bc9f/32.png) [@ThisUsernameIsForbidden](https://boards.straightdope.com/u/ThisUsernameIsForbidden)\
**Post date:** [March 9, 2014, 3:42am UTC](https://boards.straightdope.com/t/what-happens-if-you-decline-to-identify-yourself-after-a-crime/683223/29 "2014-03-09T03:42:33Z")

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I have an idea: commit a crime that will be publicized. Allow someone power of attorney so we can verify your status. Play the “I didn’t identify myself.” card, and we will see how things progress.

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**Author:** ![Oddball\_92](https://avatars.discourse-cdn.com/v4/letter/o/b3f665/32.png) [@Oddball\_92](https://boards.straightdope.com/u/Oddball_92)\
**Post date:** [March 9, 2014, 3:45am UTC](https://boards.straightdope.com/t/what-happens-if-you-decline-to-identify-yourself-after-a-crime/683223/30 "2014-03-09T03:45:50Z")

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> [@Questioning\_more](#):
>
> Yup I know but let us say I accept such a charge in addition to what ever other charge the officer wants to press against me.

I assume that by saying you will “accept” the charge you mean “go ahead and arrest me, I ain’t telling you who I am.”

Assuming the District Attorney accepts the failure to identify charge and you are arrested, you will be fingerprinted…whether you like it or not. Your prints will then be ran through AFIS. If that does not produce results, the State COULD seek a court order for a DNA swab. (however the DNA database is no where near as large as the AFIS database.) You would probably be held without bail until arraignment. At that time the judge could release you or hold you over for trial. By the way, charges CAN be filed on a person who’s name is not known. They would use the name FNU LNU (first name unknown last name unknown)

Sooner or later you would probably realize it is not worth all that trouble to simply so you can make a statement .

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**Author:** ![Questioning\_more](https://avatars.discourse-cdn.com/v4/letter/q/7bcc69/32.png) [@Questioning\_more](https://boards.straightdope.com/u/Questioning_more)\
**Post date:** [March 9, 2014, 3:45am UTC](https://boards.straightdope.com/t/what-happens-if-you-decline-to-identify-yourself-after-a-crime/683223/31 "2014-03-09T03:45:54Z")

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@Forbidden

I’m not your little monkey.

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**Author:** ![randompattern](https://avatars.discourse-cdn.com/v4/letter/r/7993a0/32.png) [@randompattern](https://boards.straightdope.com/u/randompattern)\
**Post date:** [March 9, 2014, 3:46am UTC](https://boards.straightdope.com/t/what-happens-if-you-decline-to-identify-yourself-after-a-crime/683223/32 "2014-03-09T03:46:48Z")

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> [@Questioning\_more](#):
>
> No I can ask the ACLU to sue on my behalf! Were you trying to be a smartass? please don’t. I’m not! 🙂
> 
> Also you are allowed to file anonymous suit!
> 
> Of course unconstitutional punishment (Cruel and Unusual) would be a crime so I can just report it anonymously too!

No I’m not trying to be a smartass. I’m also wondering why you would want to go to all the trouble of remaining anonymous about some petty crime to guard yourself from say, your wife finding out you hired a hooker. Would you also go to great lengths to keep yourself from being photographed? I would imagine a precedent setting case such as the one you propose would attract at least SOME media attention. I’m sure TMZ could figure out a way to snap a few photos of you somewhere. I guess my real question is how far would you be willing to go to keep up a lie to your wife?

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**Author:** ![Questioning\_more](https://avatars.discourse-cdn.com/v4/letter/q/7bcc69/32.png) [@Questioning\_more](https://boards.straightdope.com/u/Questioning_more)\
**Post date:** [March 9, 2014, 3:48am UTC](https://boards.straightdope.com/t/what-happens-if-you-decline-to-identify-yourself-after-a-crime/683223/33 "2014-03-09T03:48:23Z")

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> [@Oddball\_92](#):
>
> I assume that by saying you will “accept” the charge you mean “go ahead and arrest me, I ain’t telling you who I am.”
> 
> Assuming the District Attorney accepts the failure to identify charge and you are arrested, you will be fingerprinted…whether you like it or not. Your prints will then be ran through AFIS. If that does not produce results, the State COULD seek a court order for a DNA swab. (however the DNA database is no where near as large as the AFIS database.) You would probably be held without bail until arraignment. At that time the judge could release you or hold you over for trial. By the way, charges CAN be filed on a person who’s name is not known. They would use the name FNU LNU (first name unknown last name unknown)
> 
> Sooner or later you would probably realize it is not worth all that trouble to simply so you can make a statement .

Cool. Thanks dude.

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**Author:** ![Kent\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kent_clark/32/105_2.png) [@Kent\_Clark](https://boards.straightdope.com/u/Kent_Clark)\
**Post date:** [March 9, 2014, 3:49am UTC](https://boards.straightdope.com/t/what-happens-if-you-decline-to-identify-yourself-after-a-crime/683223/34 "2014-03-09T03:49:37Z")

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> [@Questioning\_more](#):
>
> Perhaps you have a link you have read that notes a person held in criminal contempt for longer than a year?
> 
> Please share! That is what the thread is about.
> 
> Heck I actually found something interesting.  
> Criminal Contempt First Degree has a maximum sentence of 4 years according to this detail description:  
> [http://www.justanswer.com/criminal-law/17jr5-penalty-charge-criminal-contempt.html](http://www.justanswer.com/criminal-law/17jr5-penalty-charge-criminal-contempt.html)
> 
> Of course according to all those paragraphs declining to sign with your name couldn’t possibly fall under such a provision.  
> So please. I asked for quality answers and I am polite as long as I receive them 🙂
> 
> I don’t assume things and I ask the same in return!

The cite you’ve given specifically discusses contempt of court for violating an order of protection.

However, you can be jailed for contempt of court, then brought back to court every day and ordered to comply. Your refusal to comply will constitute an entirely new action, for which you will be taken back to jail. The next day, you will be brought back, ordered to comply and then jailed again.

[Judith Miller](http://en.wikipedia.org/wiki/Judith_Miller#Contempt_of_court), a reporter, was sentenced to 18 months in jail for refusal to appear before a grand jury. An appeals court upheld the sentence, so certainly one could be jailed for more than a year. (Miller served 11 weeks before complying.)

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**Author:** ![Questioning\_more](https://avatars.discourse-cdn.com/v4/letter/q/7bcc69/32.png) [@Questioning\_more](https://boards.straightdope.com/u/Questioning_more)\
**Post date:** [March 9, 2014, 3:50am UTC](https://boards.straightdope.com/t/what-happens-if-you-decline-to-identify-yourself-after-a-crime/683223/35 "2014-03-09T03:50:27Z")

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> [@randompattern](#):
>
> No I’m not trying to be a smartass. I’m also wondering why you would want to go to all the trouble of remaining anonymous about some petty crime to guard yourself from say, your wife finding out you hired a hooker. Would you also go to great lengths to keep yourself from being photographed? I would imagine a precedent setting case such as the one you propose would attract at least SOME media attention. I’m sure TMZ could figure out a way to snap a few photos of you somewhere. I guess my real question is how far would you be willing to go to keep up a lie to your wife?

I don’t know. I doubt I’d ever go to one and especially not if I had a wife of my liking.  
But it’s a legal issue I’ve thought about ^^

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**Author:** ![Questioning\_more](https://avatars.discourse-cdn.com/v4/letter/q/7bcc69/32.png) [@Questioning\_more](https://boards.straightdope.com/u/Questioning_more)\
**Post date:** [March 9, 2014, 3:52am UTC](https://boards.straightdope.com/t/what-happens-if-you-decline-to-identify-yourself-after-a-crime/683223/36 "2014-03-09T03:52:35Z")

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> [@kunilou](#):
>
> The cite you’ve given specifically discusses contempt of court for violating an order of protection.
> 
> However, you can be jailed for contempt of court, then brought back to court every day and ordered to comply. Your refusal to comply will constitute an entirely new action, for which you will be taken back to jail. The next day, you will be brought back, ordered to comply and then jailed again.
> 
> [Judith Miller](http://en.wikipedia.org/wiki/Judith_Miller#Contempt_of_court), a reporter, was sentenced to 18 months in jail for refusal to appear before a grand jury. An appeals court upheld the sentence, so certainly one could be jailed for more than a year. (Miller served 11 weeks before complying.)

Alright before we start examining this we actually have to establish that the courts most serious sanction (contempt) can be used for someone refusing or claiming ignorance of their name or say remaining silent for the entire proceedings which is their right!

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**Author:** ![randompattern](https://avatars.discourse-cdn.com/v4/letter/r/7993a0/32.png) [@randompattern](https://boards.straightdope.com/u/randompattern)\
**Post date:** [March 9, 2014, 3:53am UTC](https://boards.straightdope.com/t/what-happens-if-you-decline-to-identify-yourself-after-a-crime/683223/37 "2014-03-09T03:53:48Z")

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> [@Questioning\_more](#):
>
> I don’t know. I doubt I’d ever go to one and especially not if I had a wife of my liking.  
> But it’s a legal issue I’ve thought about ^^

I was using one of your examples from the OP. You can choose another, isn’t that the entire premise of this post?

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**Author:** ![Questioning\_more](https://avatars.discourse-cdn.com/v4/letter/q/7bcc69/32.png) [@Questioning\_more](https://boards.straightdope.com/u/Questioning_more)\
**Post date:** [March 9, 2014, 3:54am UTC](https://boards.straightdope.com/t/what-happens-if-you-decline-to-identify-yourself-after-a-crime/683223/38 "2014-03-09T03:54:53Z")

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> [@randompattern](#):
>
> I was using one of your examples from the OP. You can choose another, isn’t that the entire premise of this post?

Nope the premise is not “would the wife find out anyway” but can you withold your name or not.

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<div class="post-metadata">

**Author:** ![Questioning\_more](https://avatars.discourse-cdn.com/v4/letter/q/7bcc69/32.png) [@Questioning\_more](https://boards.straightdope.com/u/Questioning_more)\
**Post date:** [March 9, 2014, 4:00am UTC](https://boards.straightdope.com/t/what-happens-if-you-decline-to-identify-yourself-after-a-crime/683223/39 "2014-03-09T04:00:58Z")

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> [@kunilou](#):
>
> The cite you’ve given specifically discusses contempt of court for violating an order of protection.
> 
> However, you can be jailed for contempt of court, then brought back to court every day and ordered to comply. Your refusal to comply will constitute an entirely new action, for which you will be taken back to jail. The next day, you will be brought back, ordered to comply and then jailed again.
> 
> [Judith Miller](http://en.wikipedia.org/wiki/Judith_Miller#Contempt_of_court), a reporter, was sentenced to 18 months in jail for refusal to appear before a grand jury. An appeals court upheld the sentence, so certainly one could be jailed for more than a year. (Miller served 11 weeks before complying.)

Actually the wiki says she could have been sentenced to a maximum of 6 months for contempt of court and thus not some sort of perpetual 1-day sentencing for ever?

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**Author:** ![randompattern](https://avatars.discourse-cdn.com/v4/letter/r/7993a0/32.png) [@randompattern](https://boards.straightdope.com/u/randompattern)\
**Post date:** [March 9, 2014, 4:07am UTC](https://boards.straightdope.com/t/what-happens-if-you-decline-to-identify-yourself-after-a-crime/683223/40 "2014-03-09T04:07:11Z")

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> [@Questioning\_more](#):
>
> Nope the premise is not “would the wife find out anyway” but can you withold your name or not.

I give up.

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