A Minnesota Criminal Defense Lawyer Explains Minn. Stat. § 609.506 and How to Handle an Obstruction Charge
It happens in a flash. The blue and red lights appear in your rearview mirror, and your heart sinks. During the traffic stop or police encounter, a moment of pure panic takes over. You have a reason you don’t want to be identified—maybe a warrant, a suspended license, or you’re just terrified of getting into trouble—and you make a split-second decision. You give the officer a name that isn’t yours. Maybe it’s a completely made-up name, or maybe it’s the name of a friend or sibling. You hoped it would be a quick and easy way out of a bad situation. Instead, that single choice has now exploded into a much bigger problem.
Now, on top of whatever you were originally being investigated for, you are facing a separate, serious criminal charge for Giving a False Name. The state isn’t just accusing you of a simple lie; they are charging you with Obstruction of Justice. They will argue that you intentionally tried to derail a lawful investigation, and they will seek harsh penalties. What began as a moment of fear has spiraled into a legal nightmare that threatens you with jail time, heavy fines, and a permanent criminal record branding you as dishonest.
You are in a difficult and complicated position, but you do not have to navigate it alone. I have defended people across the state of Minnesota who made a bad decision under pressure, from the busy streets of Minneapolis and St. Paul to the suburbs of Eagan and Brooklyn Park, and in cities like St. Cloud and Rochester. I understand how a simple stop can escalate and how to build a smart, strategic defense to untangle the mess you are in.
From Bad to Worse: What “Giving a False Name” Actually Means in Minnesota
Being charged under Minnesota Statute § 609.506 is about more than just telling a lie. The law targets a very specific act of deception: providing false identifying information to a peace officer or a court official with the “intent to obstruct justice.” The entire case against you hinges on this intent. The prosecutor must prove that you didn’t just misspeak or get confused; they must prove your specific goal was to interfere with the legal process, hide your true identity to avoid consequences, or wrongfully pin your trouble on someone else. It’s the why behind the lie that turns it into a crime.
Crucially, Minnesota law makes a huge distinction between two types of lies, with vastly different penalties. If you give a fictitious, made-up name and date of birth, you will likely face a misdemeanor charge. However, if you give the name and date of birth of a real person—your friend, sibling, or anyone else—the charge is elevated to a gross misdemeanor. This is because you have not only obstructed justice, but you have also created an innocent victim whose name is now tied to a criminal incident. This is a far more serious offense, and the state prosecutes it aggressively.
The Law That Turned a Bad Day into a Criminal Charge: Minnesota Statute § 609.506
The legal battle you are facing is defined by a specific state law that gives the prosecutor their roadmap for convicting you. It is essential that you understand the exact language being used against you. The crime of Giving a Peace Officer a False Name is outlined in Minnesota Statute § 609.506.
609.506 PROHIBITING GIVING PEACE OFFICER FALSE NAME.
Subdivision 1. Misdemeanor. Whoever with intent to obstruct justice gives a fictitious name other than a nickname, or gives a false date of birth, or false or fraudulently altered identification card to a peace officer… when that officer makes inquiries incident to a lawful investigatory stop or lawful arrest… is guilty of a misdemeanor.
Subd. 2. Name of another; gross misdemeanor. Whoever with intent to obstruct justice gives the name and date of birth of another person to a peace officer… when the officer makes inquiries incident to a lawful investigatory stop or lawful arrest… is guilty of a gross misdemeanor.
Subd. 3. Fictitious name; gross misdemeanor. Whoever in any criminal proceeding with intent to obstruct justice gives a fictitious name… to a court official is guilty of a misdemeanor. Whoever in any criminal proceeding with intent to obstruct justice gives the name and date of birth of another person to a court official is guilty of a gross misdemeanor…
Unpacking the Charge: The Legal Elements the State Must Prove
For the state to secure a conviction, their story isn’t enough. A prosecutor must prove every single component—or “element”—of the crime beyond a reasonable doubt. If they fail on even one element, their case against you collapses. My entire approach is to challenge them at every step, to question their evidence, and to expose the weaknesses in their argument. A strong defense begins by understanding exactly what they have to prove.
- The Act of DeceptionThis is the physical act the state accuses you of. The prosecutor must present evidence that you gave a peace officer or court official a name (that wasn’t a nickname), a date of birth, or an identification card that was not your own. This element also distinguishes between a “fictitious” name and the name “of another person,” which determines whether you face a misdemeanor or a much more serious gross misdemeanor charge.
- The Legal ContextYour statement must have been made during a specific and legal police action. The statute says the officer’s questions must be “incident to a lawful investigatory stop or lawful arrest.” This is a critical point. If the police officer had no legal right to stop you or arrest you in the first place, then any information obtained during that illegal stop—including a false name—can be thrown out of court. This is often a powerful avenue for defense.
- Your Alleged IntentThis is the most important element and the hardest for the prosecution to prove. They must demonstrate that you acted with the specific “intent to obstruct justice.” This means they have to prove your goal was to illegally block, delay, or interfere with the officer’s investigation or the court process. Actions born out of pure panic, confusion, or fear may not rise to the level of criminal intent required by the statute.
The Real Penalties for a Moment of Panic in Minnesota
A charge for giving a false name might seem minor compared to other crimes, but the consequences are serious and designed to be a powerful deterrent. Minnesota sentencing for this crime is directly tied to the nature of the lie you told. A conviction will result in a permanent criminal record for a crime of dishonesty, which can create immense barriers in your life long after the court case is over. You are facing potential jail time, significant fines, and long-term reputational damage.
Misdemeanor False Information
If you are convicted of giving a fictitious (made-up) name or a false date of birth to a police officer or to a court official, you are facing a misdemeanor. In Minnesota, a misdemeanor conviction is punishable by:
- Up to 90 days in jail
- A fine of up to $1,000
Gross Misdemeanor Identity Theft
The stakes are much higher if you are convicted of giving the name and date of birth of another real person. This is treated as a form of identity theft within the justice system. Because you have implicated an innocent person in your criminal case, the penalties are elevated to a gross misdemeanor, punishable by:
- Up to one year in jail
- A fine of up to $3,000
How a Simple Stop Spirals Out of Control: Real Minnesota Scenarios
These charges don’t happen in a vacuum. They are almost always attached to another alleged offense and are born from a moment of high-stress decision-making. Here are some common real-world scenarios that lead to a charge under Minn. Stat. § 609.506.
The Warrant During a Minneapolis Traffic Stop
A driver is pulled over for a broken taillight on I-94 in Minneapolis. The driver knows they have an outstanding warrant for an old, unpaid ticket. When the Minneapolis police officer asks for their license and registration, the driver, in a panic, provides their cousin’s name and date of birth, who they know has a clean record. The lie is discovered, and now, in addition to dealing with the warrant, the driver faces a new gross misdemeanor charge for giving the name of another.
The Underage Drinker in a St. Paul Park
Police are clearing out a St. Paul park after curfew and come across a group of young adults, some of whom have been drinking. An officer approaches a 19-year-old and asks for their ID. The 19-year-old, not wanting a minor consumption ticket, confidently gives a fake name and a date of birth that makes them 22. This act of giving a fictitious name to avoid a ticket is a misdemeanor offense.
The Shoplifting Arrest at the Mall of America
Security at the Mall of America in Bloomington detains a person for allegedly shoplifting. When Bloomington police arrive to make the arrest, the person, who has a prior theft conviction, gives their roommate’s name and information, hoping to avoid a more serious charge. This creates a nightmare for the roommate and results in a gross misdemeanor charge for the person who lied.
The Court Appearance in Rochester
A defendant is in Olmsted County court for a payable traffic offense. When checking in with the court administrator, they give a completely false name, hoping the case will get lost in the system and they can avoid paying the fine. This act of giving a fictitious name to a court official with the intent to obstruct the proceedings is a misdemeanor under Subdivision 3 of the statute.
You Have a Defense: Strategies to Fight a False Name Charge
A panicked decision does not automatically make you a criminal. The state has the full burden of proving its case against you, and their case is often not as solid as it appears. An aggressive defense attorney can challenge the evidence, question the police conduct, and raise powerful legal arguments on your behalf. You are not without options. We can fight this.
My entire focus is on building a defense that tells your side of the story and holds the prosecution to their high standard of proof. From questioning the legality of the initial stop on a Maple Grove road to arguing about your state of mind in a Hennepin County courtroom, we will look for every opportunity to have your charges reduced or dismissed entirely.
You Did Not Intend to Obstruct Justice
This defense strikes at the heart of the state’s case: your intent. If we can show that you did not have the specific goal of derailing the legal process, the charge cannot stand.
- A Moment of Panic: We can argue that your actions were not a calculated scheme but the product of pure, unthinking fear. Many people, when confronted by authority, have an irrational fight-or-flight response. Your lie was a regrettable mistake driven by anxiety, not a criminal plan to obstruct justice.
- Misstatement or Confusion: You may have simply misspoke, mumbled, or been genuinely confused during a stressful and chaotic encounter. It’s possible the officer misheard you or wrote down the information incorrectly. This wasn’t an intentional lie, but a simple human error.
The Initial Police Stop Was Unlawful
The U.S. Constitution protects you from unreasonable searches and seizures. If the police violated your rights, the case against you can be thrown out.
- No Reasonable Suspicion: A police officer cannot stop you on a whim. They must have a “reasonable, articulable suspicion” that you are involved in criminal activity. If we can show the officer had no legal basis for the traffic stop or investigatory stop, then all evidence flowing from it, including the name you gave, is “fruit of the poisonous tree” and must be suppressed.
- Illegal Arrest: Similarly, if you were arrested without probable cause, your subsequent questioning may be deemed illegal. Your statements made during that unlawful custody could be ruled inadmissible, gutting the prosecution’s case.
The Name Given Was Not “False” Under the Law
The statute has specific definitions and exceptions. We can argue that your words, while perhaps not perfectly precise, did not legally constitute a false statement under the law.
- Use of a Nickname: The statute explicitly says that giving a “nickname” is not a crime. If you provided a name by which you are commonly known in the community, even if it is not your legal name, we can argue that this falls within the statutory exception.
- Minor, Immaterial Inaccuracy: Perhaps you made a slight error in your date of birth or misspelled your own name out of nervousness. We can argue that a minor inaccuracy that does not materially affect or obstruct the officer’s ability to identify you does not meet the standard for a criminal conviction.
Your Questions About False Name Charges in Minnesota—Answered
Will I go to jail for giving a false name in Minnesota?
It is a real possibility. The gross misdemeanor version carries up to a year in jail, and the misdemeanor carries up to 90 days. However, the outcome depends heavily on the facts of your case and the quality of your defense. A strong attorney can fight for alternatives like probation or diversion to keep you out of jail.
Can a false name charge be dismissed?
Yes. Dismissal is always the primary objective. We can seek a dismissal by challenging the legality of the police stop, by proving a lack of criminal intent, or by negotiating a favorable outcome with the prosecutor, often in exchange for resolving your underlying legal issue.
Do I need a lawyer for a charge like this in St. Paul?
Absolutely. You are likely facing two charges—the original reason for the stop and the new false name charge. This creates a complex legal situation that you should not handle alone. An experienced Ramsey County lawyer can manage both cases strategically to achieve the best overall result.
What happens to the person whose name I used?
You have created a serious problem for them. A warrant may be issued in their name, their driver’s license could be suspended, and they will have a false entry on their criminal record. Correcting this is a difficult process, and it’s why the state punishes this version of the crime so much more harshly.
What if I immediately corrected myself and gave my real name?
This is very helpful. While it doesn’t automatically erase the crime, it provides powerful evidence that you did not have a sustained intent to obstruct justice. We can argue that you quickly realized your mistake and rectified it, showing a lack of criminal willfulness.
How does this charge affect my original case (e.g., the traffic ticket)?
It makes it much worse. Prosecutors and judges will view you as dishonest and uncooperative, making it much harder to get a favorable resolution on your original charge. They may be less willing to negotiate or offer a lenient sentence.
How long does a conviction for giving a false name stay on my record?
A conviction is permanent. It will appear on background checks for employment, housing, and professional licenses for the rest of your life. Fighting to avoid the conviction is the only way to protect your clean record.
The officer was rude, so I lied. Is that a defense?
No. An officer’s poor attitude is not a legal justification for obstructing justice. However, if the officer’s conduct crossed the line into harassment or an illegal stop, that is a potential defense that we can and will explore.
What is the difference between a fictitious name and a nickname?
A fictitious name is one that is completely made-up for the purpose of deception. A nickname is a name you are commonly and legitimately known by, even if it’s not your legal name. The statute specifically allows for the use of a nickname.
Can I be charged if I just gave a false date of birth but my real name?
Yes. The statute explicitly makes it a crime to give a false date of birth with the intent to obstruct justice, even if you provide your true name. This often happens when a minor is trying to avoid an underage drinking charge.
What is a “court official” under this law?
A court official includes a judge, a referee, a court administrator, a clerk, or any other employee of the court. Lying about your identity during any part of a criminal proceeding can lead to a charge under Subdivision 3 of the statute.
My English isn’t very good and I think the officer misunderstood me. Can that help?
Yes, it can be a very important factor. A language barrier can easily lead to miscommunication and confusion. We can argue that you did not intentionally provide false information, but rather there was a misunderstanding that was not your fault.
I showed the officer a fake ID. Is that covered by this law?
Yes. Subdivision 1 explicitly makes it a misdemeanor to give a “false or fraudulently altered identification card” to an officer with the intent to obstruct justice.
Will this affect my immigration status?
It certainly can. A conviction for a crime involving dishonesty or obstruction of justice can be viewed very negatively by immigration authorities. It could impact your ability to get a green card, become a citizen, or even lead to deportation.
What is the most important thing I can do right now?
Exercise your right to remain silent and call a Minnesota criminal defense attorney. Do not try to talk your way out of it or explain the situation to the police. The more you talk, the more evidence you may be giving them.
The Long-Term Damage of a Dishonesty Conviction
A conviction for giving a false name does more than just punish you today; it casts a long shadow over your entire future. This is officially classified as a crime of dishonesty, and that label can be used against you in countless ways. It attacks your very character and creates obstacles that can last a lifetime.
A Permanent Mark on Your Record
This conviction will appear on every background check. Employers will see that you were convicted of lying to law enforcement and will likely move on to the next candidate. Landlords will see it and may deny your rental application. It is a red flag that signals untrustworthiness, making it incredibly difficult to secure employment and housing.
Destroying Your Credibility
This is a devastating collateral consequence. If you are ever a witness or a party in a future court case—a civil lawsuit, a custody battle, or even as a victim of another crime—the opposing attorney can use this conviction to impeach you. They can tell the judge and jury that you have a proven history of lying to authority figures and that your testimony cannot be believed. This can permanently damage your ability to be seen as a credible person in the eyes of the law.
Creating a Second Victim
If you used another person’s name, the damage extends beyond yourself. You have potentially subjected an innocent person to arrest, warrants, and a false criminal record that can take them years and thousands of dollars to clean up. This is a primary reason why the gross misdemeanor charge is so severe and why judges and prosecutors have little sympathy for those who commit it.
Complicating Your Original Case
This new charge makes resolving your original offense much more difficult. A prosecutor who might have been willing to dismiss a minor traffic offense will be far less accommodating when you’ve also been charged with obstruction. It reduces your leverage and can lead to a much harsher outcome on all charges combined.
Why You Need a Smart Minnesota Lawyer to Untangle This Mess
When you are facing a false name charge, you are not just fighting one case; you are fighting a battle on two fronts. You are dealing with the original police encounter plus a new, serious charge that attacks your character. This is a complex legal knot, and you need an experienced attorney to help you carefully untangle it.
You’re Facing Two Fights, Not One
You need a defense attorney who can develop a global strategy to handle both the original offense and the false name charge. The two cases are intertwined, and how we handle one will directly affect the other. I have extensive experience managing multi-faceted cases like this, ensuring that our defense on one charge does not inadvertently harm our position on the other. Our goal is to find a comprehensive solution that minimizes the total damage.
The Power of Strategic Negotiation
Often, the key to resolving these cases is through smart, strategic negotiation. I can approach the prosecutor with a cohesive plan that addresses all pending charges. This might involve demonstrating the weaknesses in their case to get the false name charge dismissed in exchange for a plea on the original, lesser offense, or finding a creative resolution that protects your record. This kind of global negotiation is impossible without a lawyer who understands the system.
Holding Police Accountable for Their Conduct
The entire false name case hinges on the legality of the initial police stop. I will meticulously review every detail of your encounter—the police report, the body camera footage, the reason for the stop—to determine if your constitutional rights were violated. If the police overstepped their bounds, I will not hesitate to file a motion to suppress the evidence and get the charges thrown out. This is your most powerful shield, and I know how to use it.
A Guide Through the System From Minneapolis to Duluth
I have defended clients in courtrooms all across Minnesota. I know the local rules, the prosecutors, and the judges. This statewide experience allows me to build a defense that is tailored not just to the law, but to the specific courthouse where your case is being heard. Whether you were arrested in downtown Minneapolis or on a rural road outside Duluth, I will be your guide and your fighter every step of the way.