Collin County Evading Arrest Lawyer
Running from the cops in Collin County usually doesn’t end well, especially if you are fleeing because you have drugs or drug paraphernalia in your vehicle or on your person. The punishment for evading arrest is often more severe than drug possession. Not to mention, accidents and injury often stem from police chases.
Police and prosecutors don’t take evading arrest cases lightly in Collin County, and they will do everything to secure a conviction. That’s why it’s imperative to retain a seasoned and savvy Collin County evading arrest lawyer if you have been accused of this offense.
Collin County Evading Arrest Lawyer, Serving Plano, Allen, Frisco, Prosper, Carrollton and Surrounding Areas
The attorneys at Varghese Summersett have decades of experience handling evading arrest and detention cases, first as prosecutors and now as highly skilled criminal defense lawyers. We will work to build a solid defense strategy and get the best possible outcome for your case.
In this article, we explain evading arrest and detention in Texas, including the law, the punishment and possible defenses.
What is evading arrest and detention in Texas?
In Texas, there are two types of evading arrest and detention:
- Evading arrest or detention by fleeing on foot; and
- Evading arrest or detention in a vehicle or watercraft.
Under Texas Penal Code 38.04, a person commits evading on foot or in a vehicle if he or she intentionally flees from a person he or she knows is a peace officer or federal special investigator attempting to arrest or detain them lawfully.
For prosecutors to convict someone of evading arrest or detention on foot or in a vehicle or watercraft, they must prove four elements at the time of the incident:
- the defendant was acting intentionally;
- the defendant fled;
- the defendant knew he was fleeing from an officer; and
- the officer was attempting to detain or arrest the defendant lawfully.
If the prosecutors cannot prove these four elements beyond a reasonable doubt, an experienced Collin County evading arrest lawyer can beat the charge.
What is the punishment for evading arrest on foot in Collin County?
Although the elements are the same for evading on foot and in a vehicle, the punishment is different. We will look at evading arrest on foot first. Depending on the circumstances, evading arrest on foot can be a misdemeanor or felony.
- Evading arrest on foot (first offense) is a Class A Misdemeanor, punishable by up to a year in jail and a maximum $4,000 fine.
- Evading arrest on foot with a previous conviction is a state jail felony, punishable by six months to two years in a state jail facility and a maximum $10,0000 fine.
What is the punishment for evading arrest in a vehicle or watercraft in Collin County?
The punishment for evading arrest in a vehicle or watercraft is harsher than the punishment for evading on foot.
- Evading arrest in a vehicle or watercraft (first offense) is a state jail felony, punishable by six months to two years in state jail facility and a maximum $10,000 fine.
- Evading arrest in a vehicle or watercraft with a prior conviction is a third-degree felony, punishable by 2 to 10 years in prison and a maximum $10,000 fine.
- Evading arrest in a vehicle or watercraft and someone was badly injured as a result of your attempt to evade law enforcement is a third-degree felony punishable by 2 to 10 years in prison.
- Evading arrest in a vehicle and using a tire deflation device to get away from law enforcement is third-degree felony, punishable by 2 to 10 years in prison and a maximum $10,000 fine.
- Evading arrest in vehicle or watercraft and someone dies as a result of your attempt to flee law enforcement is a second-degree felony, punishable by 2 to 20 years in prison and a maximum $10,000 fine.
- Evading arrest in a vehicle and you use a tire deflation device, which causes someone to be badly injured, is a second-degree felony punishable to 2 to 10 years in prison and a maximum $10,000 fine.
It’s also important to point out that a person who has evaded arrest and broken another law – such as drug possession – is subject to prosecution for both crimes.
What are possible defenses a Collin County evading arrest lawyer could raise?
There are legitimate reasons why people don’t stop for police, including mistakes and misunderstandings. Some possible defense a Collin County evading arrest lawyer could raise include:
- the defendant didn’t realize the person was a police officer;
- the defendant didn’t intentionally flee;
- the arresting officer wasn’t in uniform;
- the arresting officer wasn’t driving a marked police vehicle;
- there was no probable cause for the arrest or detention;
- the defendant pulled over as soon as it was safe to do;
- the officer’s version of what occurred is inaccurate;
- there is insufficient evidence to prove all four elements of the offense;
- the reason the defendant fled was to protect his or her life or the life of another.
We will thoroughly examine every angle of your case to develop the strongest, most effective defense strategy. Our goal is to reduce or dismiss the charges against you. If that’s not possible, we will work diligently to resolve the case in a manner that will keep you out of jail and cause minimal disruption to your life and livelihood.
Speak to a Collin County evading arrest lawyer today.
If you have been accused of evading arrest or detention in North Texas, contact the experienced and knowledgeable Collin County criminal defense lawyers at Varghese Summersett. We will work tirelessly to build a solid defense and get the best possible outcome for your case. In some cases, this can be achieved by negotiation. In other cases, it will require a hard-fought trial.
Our team has decades of experience and a proven record of exceptional results. Schedule a free consultation with a Collin County evading arrest lawyer today by calling (214) 903-4000. Find out why we are the firm people turn to when police and prosecutors are bearing down.
