Fleeing a Police Officer

Fleeing a Police Officer

Fleeing a Police Officer, involves a person who wilfully fails or refuses to stop their vehicle, or flees, or attempts to elude an officer. This offense is found in the Transportation Code, and is a Class B Misdemeanor. If the person is found to have recklessly engaged in conduct that places another in imminent danger of serious bodily injury, then the Fleeing a Police Officer offense is charged as a Class A Misdemeanor.

This is different than Evading Arrest, which is when a person acts in a similar way, but there is the allegation of a crime (for which the person can be arrested).

You can read the specific Statute and also read about the Penalties and Punishments below.


What You Need To Know

As a Misdemeanor, an individual arrested for Fleeing a Police Officer can expect to go to jail. However, these cases are not frequently charged, as Evading Arrest is a far more common offense.



Closely Related Offenses

Related areas to Fleeing a Police Officer include Evading Arrest, 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 Fleeing a Police Officer

A person charged with Fleeing a Police Officer 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 Fleeing a Police Officer

Defense for Fleeing a Police Officer 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 Fleeing a Police Officer 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 Fleeing a Police Officer 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 for any Fleeing a Police Officer 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 Transportation Code Sec. 545.421

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 Fleeing a Police Officer Punishments?

Fleeing a Police Officer penalties will be a misdemeanor, unless the officer charges the offense as a Felony Evading in a Vehicle.


Penalties for Fleeing a Police Officer
Level of Offense Punishment
Class B Misdemeanor Not more than 180 days in a county jail, and/or no more than $2,000 fines
Class A Misdemeanor Not more than 1 year in a county jail, and/or no more than $4,000 fines

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