Evading Arrest or Detention

Evading Arrest or Detention

Evading Arrest, involves a person who intentionally flees from a known officer who is attempting to lawfully arrest or detain..

Evading Arrest can be either a Felony or Misdemeanor, depending on whether a vehicle is used, and depending on the person's record. You can read the specific Statute and also read about the Penalties and Punishments below.

This is different than Fleeing a Police Officer, which is when a person acts in a similar way, but there is no allegation of a crime for which the person can be arrested.


What You Need To Know

Some Evading cases are the result of an officer who is upset that a driver did not promptly stop when signaled to pull over. Whether that might be from not paying attention, being distracted, or believe the officer was trying to pass them to pull another car over, the officer can arrest for Evading.

In the Misdemeanor context, which does not involve a vehicle, often times Evading is the result of being in a loud area (such as Austin's 6th Street) and not hearing an officer shouting for them to stop -- or might not even know an officer is there.

Evading Arrest cases in Travis County almost always have video from either a patrol car or bodycam, which often sheds light upon the context of the offense, for better or worse.


Closely Related Offenses

Related areas to Evading Arrest or Detention include Fleeing a Police Officer, or Failure to Identify which is when a person refuses or fails to identify themselves to law enforcement.

If you're looking for other offenses that are related to this one, you can see more information below, or click related legal offenses.


Jail Release and Bond for Evading Arrest or Detention

A person charged with Evading Arrest or Detention is arrested and taken to jail. In jail, the person is forced to await a Judge who will review the case and the person's history, and set a bond amount. In some cases, the Judge will grant a personal bond. If not, or if significant delay occurs, the Keates Law Firm can act quickly to assist with a personal bond to release that person. Be sure to read more about Bond, Personal Bonds, and Travis County Jail Releases.

Sometimes an officer will file arrest warrant , which will require a Walkthrough to clear the Arrest Warrant. Doing a Walkthrough quickly is important, because most of the time a person does not go into the jail during the surrender process. Call us for more details if you have an Active Travis County Arrest Warrant.


Defenses for Evading Arrest

Defense for Evading Arrest or Detention often require an examination as to why there was a delay in stopping. With news stories of police imposters and other unsavory folk trying to cause single drivers to pull over in dark areas, there has been some leniency by police (or the prosecutors) when a person drives a little further than normal before stopping for a patrol car. This is especially true when the person puts on hazard lights and slows down, to later pull into the first available well lit area. Even better are individuals who call 311/911 in that situation, to keep a record as to why it's not safe or feasible to pull over immediately.

If you'd like to talk in detail about your situation, or if you have questions, contact us for a Free Case Consultation. Keep in mind, Keates Law Firm only practices in Austin and Travis County.


Work with an Experienced Evading Arrest Attorney

Hiring the right attorney from the beginning is important. Poor legal decisions will have a negative effect upon the case as it progresses. The Keates Law Firm has over 16+ Years Experience handling Evading Arrest or Detention cases. Our focus is to try and have the case dismissed against you. We don't even discuss pleas until all legal and negotiation options have been explored in detail.


Call Us to talk about your particular case and situation. It's a 100% Free Phone Consultation with Criminal Defense Attorney Keates. No Sales Pitches, No Hassles. We'll see if we are the right Law Firm for you, and give you a quote. Be sure to check out Keates Law Firm's Reviews and also our past cases and Results.


How We Can Help

Your goal should be dismissal or a reduction of charges for any Evading Arrest or Detention charge. While not every case can be dismissed, often times the goal becomes avoiding jail, or getting a reduced charge, or even getting a favorable probation with a possible dismissal at the end, called Deferred Adjudication. If dismissed, a person can later seek an Expunction of a Criminal Record, which is where a Judge Orders the offense records destroyed, including police reports, court records, and prosecutor files.

Likewise, if Deferred Adjudication is successfully completed, the person can have thier record sealed through Motions for NonDisclosure.


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Texas Penal Code Sec. 38.04

A person commits an offense if the person operates a motor vehicle and wilfully fails or refuses to bring the vehicle to a stop or flees, or attempts to elude, a pursuing police vehicle when given a visual or audible signal to bring the vehicle to a stop.


What are the Evading Arrest or Detention Punishments?

Evading Arrest or Detention penalties will be a misdemeanor if the Evading is on foot, or a Felony if the Evading is in a vehicle (or if the person has a prior Evading Arrest or Detention conviction).


Penalties for Evading Arrest or Detention
Level of Offense Punishment
Class A Misdemeanor Not more than 1 year in a county jail, and/or no more than $4,000 fines
State Jail Felony Between 180 days and 2 years in the State Jail

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