Chicago Criminal Defense Attorney for False Identity Information Charges

Chicago is home to nearly three million people, and with that population comes a wide range of daily interactions with law enforcement. From bustling areas like the Magnificent Mile to quieter neighborhoods like Beverly, the Chicago Police Department handles stops, calls, and investigations around the clock. One offense that consistently appears in Cook County courts is giving false identity information to police.

The Illinois Criminal Code is clear about this conduct. Under 720 ILCS 5/31-4.5, obstructing identification occurs when a person knowingly provides fictitious or false information about their identity to a peace officer after being lawfully detained. This can include giving a false name, a fake date of birth, or even an incorrect address.

While it might feel minor at the moment—perhaps someone simply wanted to avoid an old traffic fine surfacing—it is a crime. In most situations, it is charged as a Class A misdemeanor, punishable by up to 364 days in the county jail and fines of $2,500. However, if the false information leads to another person being charged or interferes with an investigation, the offense can rise to a Class 4 felony with possible prison time.

The Cook County State’s Attorney prosecutes these cases in courts across Chicago and its suburbs. Judges take them seriously because they go to the heart of public trust and law enforcement integrity. Even one conviction can follow someone long after the case ends.

How Criminal Investigations and Arrests Happen in Illinois

A case for obstructing identification usually starts with a police encounter. In Chicago, this might be a traffic stop on Lake Shore Drive, an officer questioning someone near a CTA station, or an investigation following a reported crime.

Once the officer suspects false identity information, they use a wide array of tools. Chicago police have access to LEADS and NCIC databases, fingerprint scanners, driver’s license photos, and booking records. If the provided name or date of birth doesn’t match, suspicion escalates. Many officers now carry body-worn cameras, and their footage is later reviewed to confirm what was said.

The arrest process begins as soon as the officer determines false information was given. The suspect is taken into custody, fingerprinted, and booked. In Cook County, defendants often spend time at a local district station before transfer to the main Cook County Jail. Prosecutors then review the police report and decide whether to move forward with charges.

From there, the case follows the Illinois criminal process. First is the bond hearing, where a judge decides release conditions. Then comes arraignment, pretrial hearings, and potentially trial. At every stage, the State bears the burden of proof beyond a reasonable doubt. For the accused, having a lawyer at the earliest possible point makes a difference in outcome, as challenges can be made about the stop, detention, or even the accuracy of what the officer recorded.

Penalties and Real-World Consequences in Chicago

If convicted of obstructing identification, penalties vary depending on whether the offense is a misdemeanor or felony. As a Class A misdemeanor, the law allows for up to one year in jail and steep fines. Judges may also impose probation, conditional discharge, or mandatory community service. A felony charge, such as a Class 4 felony, raises the stakes significantly with one to three years in state prison and harsher fines.

The consequences do not stop at sentencing. A conviction leaves a permanent mark on a criminal record. In Chicago’s competitive job market, employers regularly check criminal histories. A charge related to dishonesty can bar employment in fields like law enforcement, healthcare, financial services, and government.

Housing is another area where this type of conviction hurts. Landlords in Cook County frequently run background checks, and convictions involving false information may cause rental applications to be denied. Immigration status can also be threatened, as federal authorities treat crimes of dishonesty as red flags in visa or naturalization applications.

Chicago residents who rely on professional licenses—such as teachers, nurses, and real estate brokers—face potential disciplinary action from licensing boards. Even when jail is avoided, the lasting harm from a conviction can be life-altering.

A Fictional Example Case in Chicago

Consider a scenario in Chicago’s Humboldt Park neighborhood. Police stop a car for expired plates. The driver, nervous about an outstanding warrant for unpaid child support, provides the name and birth date of his cousin. The officer runs the information, notices inconsistencies, and detains him further. Fingerprint analysis quickly reveals his true identity. Prosecutors later file obstructing identification charges.

In this situation, a defense attorney may argue that the stop itself was improper if the officer lacked a valid reason to pull the car over. Even if the stop was lawful, the defense could challenge whether the driver knowingly intended to mislead or whether confusion and stress played a role. The attorney could also pursue negotiation with prosecutors, perhaps securing a plea to a lesser offense such as disorderly conduct or even dismissal if the State cannot meet its burden of proof.

This type of case shows how quickly a minor traffic issue can spiral into criminal charges with serious consequences. It also demonstrates why immediate legal counsel is essential.

Evidence, Defense Strategies, and the Importance of Counsel

Evidence in obstructing identification cases typically includes body-worn camera footage, squad car video, officer testimony, dispatch logs, fingerprint results, and booking documents. Prosecutors use these to show both the falsity of the information and the accused’s intent.

Defenses focus on undermining the State’s proof. If the detention was not lawful, the statute may not apply. If the defendant was confused, made a mistake, or was coerced, the State may not be able to prove intent beyond a reasonable doubt. In some cases, the attorney can file motions to suppress evidence, arguing that the stop or questioning violated constitutional protections.

A defense attorney’s role is not only to argue in court but also to negotiate with prosecutors, challenge evidence, and protect the accused’s rights at every stage. Without an attorney, defendants may miss opportunities for reduced charges, diversionary programs, or even dismissal.

When choosing a lawyer in Chicago, qualities to look for include courtroom experience in Cook County, knowledge of Illinois statutes, strong communication skills, and a track record of defending against dishonesty-related offenses.

Chicago Criminal Defense FAQs

What statute applies to giving false information to police in Illinois?
The relevant law is 720 ILCS 5/31-4.5, which criminalizes knowingly providing false or fictitious information about one’s identity to a peace officer after being lawfully detained.

How serious is this offense in Chicago?
It is usually a Class A misdemeanor, which is the most serious misdemeanor level. Penalties can include jail, fines, and probation. If the false information leads to another person being charged or obstructs an investigation, it can become a felony.

Can this offense affect my criminal record permanently?
Yes. Unless the charge is dismissed or sealed, it becomes part of a permanent criminal record. Employers, landlords, and licensing boards can access it through background checks.

What is the difference between supervision and probation?
Supervision is a form of court oversight that, if successfully completed, may allow the case to be dismissed without a conviction. Probation is a conviction that requires the defendant to meet certain conditions. Both can keep a person out of jail, but only supervision may avoid a permanent record.

What if I gave a wrong name by mistake?
The statute requires proof that the defendant “knowingly” gave false information. If the defense can show the error was accidental or due to confusion, the State may not meet its burden.

Do Chicago police always use fingerprints in these cases?
Not always, but fingerprint scans are common because they provide conclusive proof of identity. Prosecutors prefer this evidence because it makes the case stronger.

Can an attorney get these charges dismissed?
Yes, depending on the facts. A lawyer may challenge the legality of the stop, argue lack of intent, or highlight weak evidence. In other cases, the attorney may negotiate for reduced charges or supervision.

How quickly should I hire an attorney?
Immediately. Early involvement allows an attorney to influence bond hearings, file motions, and protect rights before the prosecution’s case solidifies.

Why choose The Law Offices of David L. Freidberg in Chicago?
With decades of defending clients in Cook County, the firm understands how to dismantle obstructing identification charges. The focus is always on protecting clients from harsh sentences and long-term collateral consequences.

Why Legal Representation is Essential and Call to Action

Facing charges for giving false identity information in Chicago is not a minor matter. Even when it begins with a traffic stop, it can end with a permanent conviction that affects every area of life. Attempting to face the State alone is a mistake. Prosecutors have resources and experience that the average defendant cannot match.

The Law Offices of David L. Freidberg provide defense for clients across Cook County, DuPage County, Will County, and Lake County. We protect rights, challenge evidence, and pursue the best possible outcomes for every client.

When You Need a Fighter, Call Us!

If you were arrested in Chicago, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling criminal, DUI, and traffic cases in Illinois. Our firm is available 24/7 to provide the legal defense you deserve.

Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to serve clients throughout Illinois, Cook County, DuPage County, Will County, and Lake County.