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:
There was no lawful reason for the police to arrest or detain you
There was inadequate probable cause or reasonable suspicion to arrest ordetain you
You were unaware that the police were seeking to arrest you
If there was a warrant for your arrest, it was defective, making the arrest illegal
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
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 unique 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 non-disclosure 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.
Justin Sparks has been defending clients across Fort Worth and Dallas for over ten years. Our firm helps you through the criminal process, from investigation to appeals, if need be. Free consultations for all new cases.