If you try to argue with a police officer that your arrest was unlawful at the time you are being arrested and refuse to give your information on this basis, the officer may accuse you of the Failure to Identify offense. A “lawful arrest” is a legal concept that attorneys are trained to evaluate based on the particular facts of each arrest. Whether the arrest was lawful will be determined after the fact, and there is no “good faith” exception to the offense. So be wary of relying on the “unlawful arrest” exception at the time you are being arrested. If you believe that your arrest was unlawful, it is important to let your criminal defense attorney know so that your attorney can investigate this.