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EVADING ARREST IN TEXAS
In Fort Worth, evading arrest charges are most often brought on by someone fleeing from a peace officer because they are in possession of marijuana or paraphernalia and do not want to get caught. However, the punishment for evading police is generally more severe that being found in possession of an illegal substance and it is always better to decide against fleeing from a police officer.
WHEN IS EVADING ARREST A FELONY?
The offense of evading arrest can be either a felony or misdemeanor, depending on whether you are on foot or in a motor vehicle.
Evading Arrest on Foot
If you intentionally flee on foot from a person you know is a peace officer who is attempting to lawfully arrest or detain you, you have committed the misdemeanor of evading arrest with a punishment of up to one year in jail and a fine of up to $4000.
Evading Arrest in a Motor Vehicle
If you flee from a peace officer using a vehicle, the offense is a state jail felony with punishment from 180 days to two years in state jail and a fine of up to $10,000, and your vehicle is subject to forfeiture. If someone suffers serious bodily injury during the vehicle chase, the offense becomes a third degree felony with a punishment of 2-10 years in prison and a fine up to $10,000. If someone is killed during the vehicle chase, the offense becomes a second degree felony with a punishment of 2-20 years in prison and a fine up to $10,000.
DEFENSES AGAINST EVADING ARREST
Evading arrest cases can be won if they are handled correctly and with attention to the facts of the case. Fort Worth evading arrest attorney Justin Sparks always challenges the prosecution of these cases on several grounds:
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There was no lawful reason for the police to arrest or detain you
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There was inadequate probable cause or reasonable suspicion to arrest or detain you
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You were unaware that the police were seeking to arrest you
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If there was a warrant for your arrest, it was defective, making the arrest illegal
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The vehicle used to flee arrest should not be forfeited to the state since you did not own the vehicle or because a forfeiture is a disproportionate penalty based on the circumstances
Justin was my lawyer for a case I had with Tarrant County. He was very responsive, professional, and helped us sooo much! I ended up having everything dismissed. Definitely highly recommend!
- Payton R.
I cannot say enough good things about this law firm! They took care of me and immediately started working my case. They knew exactly what to do as soon as I told them my story.
- Alana B.
CHARGED WITH EVADING THE POLICE?
Justin Sparks is a former prosecutor and knows to challenge the authority of police to make arrests –he searches for and spots flaws that other attorneys might miss. If any mistakes made by the police are discovered, a trial judge could find that your arrest was legally insufficient and dismiss the charges against you.
If the above defense do not apply to your case, you could possibly qualify for a form of probation called “deferred adjudication.” This results in a dismissal of your case after you complete a defined probation. In this situation, the judge does not rule that you are guilty, there is no conviction, and you are given an opportunity to prove that you deserve a second chance. After successful completion of deferred adjudication probation, you may file a petition for nondisclosure to close your record to the public.
CHOOSE JUSTIN SPARKS TO DEFEND YOUR RIGHTS.
You need to contact a criminal defense lawyer that will work diligently to challenge the specific case brought against you. In addition to protecting your record, you may need to defend against a forfeiture action on your vehicle or additional drug or paraphernalia charges. Justin Sparks will rigorously evaluate your entire case and stay in regular contact with you as your case progresses through the system. Schedule a free consultation at the Sparks Law Firm today.