Being pulled over, detained, or investigated by a law enforcement officer is never an enjoyable experience. Even if you are not partaking in any sort of criminal activity, it is completely reasonable to become nervous, frightened, and panicked when approached by a police officer. However, failure to abide by a law enforcement official’s commands can lead to evading arrest and resisting arrest charges.
Resisting or evading arrest in Texas is a serious offense that can absolutely cause an individual to face criminal charges that will result in expensive fines and lengthy jail sentences. Texas lawmakers, prosecutors, and judges do not want citizens to impede a law enforcement officer’s investigation, even if they are engaged in an unlawful detainment. Because of this, they are quick to make an example out of individuals who are found guilty of evading arrest. This is one of the many reasons why it is so important to have a criminal defense lawyer on your side if you are ever charged with this crime.
While there are some people who attempt to flee when approached by law enforcement officers, there are many individuals who mistakenly evade police. Individuals with hearing disabilities may not always be able to hear police sirens or verbal commands from officers. Others may be unaware of the presence of a police officer due to loud music, an important phone conversation, or a simple lapse in thinking. If you have been charged with evading arrest but you did not intend to knowingly flee the presence of a law enforcement officer, you may be able to reduce or dismiss your charges.
Serving Dallas, Fort Worth, Plano, Lewisville, Garland, and many other surrounding areas of Tarrant County, the Law Offices of Richard C. McConathy have everything you need to properly dispute your criminal charges. Our experienced legal team is led by expert criminal defense lawyer Richard C. McConathy. With a reputation that includes numerous criminal case wins, our law firm is confident in our ability to defend your honor and freedom in a court of law while bringing about a positive outcome that will help you avoid extensive penalties. For more information on how we can be of assistance to your unique situation, call us today at 817-422-5350 to schedule a free consultation.
● Definition of Evading Arrest
● Penalties for Evading Arrest
● Resources for Evading Arrest in Tarrant County, Texas
Texas Penal Code § 38.04 states that evading arrest takes place when an individual is guilty of intentionally fleeing from a law enforcement officer that is making an attempt to arrest or detain said individual. It is important for Texans to make sure they do not get this crime confused with resisting arrest. According to Texas Penal Code § 38.03, resisting arrest takes place when an individual uses force to prevent or obstruct an officer that is making an attempt to perform an arrest, search, or transportation.
Evading arrest convictions can bring about severe consequences, even if it is the offender’s first time ever being arrested. Evading arrest charges start as a Class B misdemeanor, which means that the minimum possible consequences of this crime include a jail sentence that can be as long as 180 days, in addition to a fine that could be as expensive as $2,000.
To be convicted of evading arrest, the prosecuting attorney must be able to prove beyond reasonable doubt that the law enforcement was attempting to lawfully detain or arrest the defendant. This is one of the main differences between evading arrest and resisting arrest. Texans can be convicted of resisting arrest even if the law enforcement officer was attempting to unlawfully detain or arrest an individual.
If you are charged with evading arrest, you may be able to beat your charges if you are able to prove that the law enforcement officer was not performing a lawful detainment or arrest. However, to do this, you will need the assistance of a criminal defense attorney. Hiring a Fort Worth criminal defense lawyer is the most important aspect of disputing your criminal charges. The laws, regulations, and loopholes surrounding criminal charges in Texas can be extremely confusing for the typical citizen. By hiring an expert, you can make sure you will not be taken advantage of by prosecutors and investigators.
Tarrant County Criminal Courts - In Tarrant County, there are 10 district courts for felony-level criminal matters, and 10 courts for misdemeanor-level criminal letters. This link takes you to the official website of Tarrant County, where you can learn more information about the location and judges associated with each court. You can also learn more about magistrates courts, auxiliary trial rooms, office of attorney appointments, and court contact information.
Chapter 38: Obstructing Governmental Operation - This link takes you to chapter 38 of the Texas Penal Code, where you can learn more about obstructing governmental operation, resisting arrest, and evading arrest charges. This chapter highlights the definitions of these crimes and provides information in regards to the penalties one might experience if they are found guilty of committing these crimes.
Evading arrest is not a charge that should be taken lightly, and it will most definitely require the attention of not only the alleged offender, but also legal expertise. From the moment you are charged with evading arrest, there will be multiple prosecutors and investigators attempting to collect enough evidence to convict you and make an example out of your case. Because of this, it is so, so important for accused individuals to hire a criminal defense attorney as quickly as possible.
If you have been charged with evading arrest in Fort Worth and you need legal representation, The Law Offices of Richard C. McConathy can provide you with the legal counsel you need. Serving Collin County, Tarrant County, Denton County, and many other surrounding areas and communities of Fort Worth, our law firm provides clients with expert legal advice and representation when they need it most. With a proven track record of helping Texans reduce and/or dismiss their charges, you can count on us to provide you with quality legal defense. For more information on how we can help you with your troubles, contact us today at 817-422-5350 for a free consultation.