Dallas Evading Arrest Lawyer | Fleeing Police [2023]

Dallas Evading Arrest Lawyer, Serving Dallas, and Surrounding Areas

If you have been accused of evading arrest in Dallas or the surrounding area, you need to speak with an experienced criminal defense lawyer as soon as possible. There are legitimate reasons why people don’t stop for police, including mistakes or misunderstandings. In other instances, people may have outstanding warrants for nonviolent offenses and are afraid of going to jail. Regardless of the reason that got you here, you need an attorney who can help get you back on track and back to your life.

In this blog post, our Dallas evading arrest lawyer will explain the crime and consequences of fleeing police, as well as possible defense strategies.

What is evading arrest and detention in Dallas?

Evading arrest can be committed on foot, in a vehicle, on a boat – or even on horseback. The crime of evading arrest or detention is defined in Section 38.04 of the Texas Penal Code and is pretty straightforward. A person commits this offense if he or she: “intentionally flees from a person he knows is a peace officer or federal special investigator attempting lawfully to arrest or detain him.”

Evading arrest is generally charged one of two ways: evading arrest on foot, and evading arrest in a vehicle.

It is important to note that the law does not require that the person actually be arrested; it is enough that the police officer was attempting to make an arrest.

What are the possible penalties for evading arrest in Dallas?

Although the definition of evading arrest is straightforward, the punishment can get confusing. What penalty you face depends on the facts and circumstances of the offense, whether it was on foot or in a vehicle, whether anyone was injured, and if you have priors. We will give an overview below, but to find out the specific punishment range for your case, it’s imperative to contact a Dallas evading arrest lawyer.

Evading arrest on foot in Dallas County

• A first offense for evading arrest on foot is a Class A misdemeanor punishable by up to a year in jail and a maximum $4000 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 $10,000 fine.

Evading arrest in a vehicle or boat in Dallas County

If you are accused of fleeing police in a vehicle or boat, the penalties become more serious than evading on foot.

• A first offense for evading in a vehicle or watercraft is a state jail felony, punishable by six months to two years in a state jail 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 $10000 fine.
• Evading arrest in a vehicle or watercraft in which someone was badly injured is a third-degree felony punishable by 2 to 10 years in prison and a maximum $10,000 fine.
• Evading arrest in a vehicle and using a tire deflation device 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 that results in a death 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 using a tire deflation device, which causes someone to be badly injured, is a second-degree felony punishable by 2 to 20 years in prison and a maximum $10000 fine.

It’s also important to note that a person who has evaded arrest and broken another law, such as drug possession, DWI, or assaulting an officer, can be charged with that offense in addition to evading arrest.

What are some possible defenses against an evading arrest charge in Dallas?

On the surface, it may seem difficult to defend against evading arrest charges, but in actuality, there are a lot of ways an experienced Dallas evading arrest lawyer can poke holes in the prosecution’s case. A seasoned lawyer will know what to look for and how to use it to your advantage. Some possible defenses or strategies against evading arrest charges include:

• Questioning whether police had probable cause or reasonable suspicion of the commission of a crime before initiating a stop;
• Questioning how police attempted to notify the driver of the stop – did they use their lights and sirens, gesture with their hands, or use verbal commands?;
• Calculating how much time elapsed between when the driver first noticed the police and when the defendant stopped;
• Calculating how much distance was covered between when the defendant noticed the police and stopped;
• Analyzing whether traffic, road, and weather conditions made it difficult to stop in a safe manner;
• Evaluating the condition of the driver’s vehicle and determining if it factored into a delayed stop, such as faulty breaks;
• Determining the mental and physical condition of the driver at the time of the stop;
• Evaluating all evidence, including video or audio recordings of the engagement by the police and defendant;
• Locating and interviewing witnesses to the incident.

For prosecutors to win a conviction, they must prove beyond a reasonable doubt that the defendant:

• acted intentionally;
• fled;
• knew he was fleeing from an officer; and
• the officer was attempting to lawfully detain or arrest the defendant

If there is insufficient evidence to prove all four elements of the offense, an experienced Dallas evading arrest lawyer can beat the charge. It is not uncommon in an evading case, for a defendant to say they didn’t realize a police officer was behind them or that they were just trying to find a safe place to pull over.

Police often misinterpret a driver’s intentions, and evading charges sometimes stem from mistakes and misunderstandings. That’s why it’s so important to have a skilled Dallas evading arrest lawyer in your corner. It could mean the difference between a conviction and going home to your family.

If you or a loved one has been charged with evading arrest in Dallas, it is imperative that you seek out experienced legal counsel as soon as possible.

Contact a Dallas Evading Arrest Lawyer Today.

If you have been charged with evading arrest, contact the law firm of Varghese Summersett at 214-903-4000 for a free consultation with an experienced Dallas evading arrest lawyer. We have helped hundreds of people charged with serious offenses and we can help you, too. Call today to find out why we are the law firm people turn to when the stakes are high and their freedom is in jeopardy