Evading Arrest And Your Defense Options
Being charged with evading arrest in Texas is a serious offense that can lead to severe consequences, including jail time, hefty fines, and a permanent criminal record. The charge applies when someone intentionally flees from a law enforcement officer attempting to make a lawful arrest or detainment.
It’s important to talk to a Houston criminal lawyer as soon as possible as every case is not clear-cut. Once an attorney listens to your circumstances, they can share with you defense strategies that may be used to fight the charges you are facing.
Scenarios Leading to Arrest Evasion Charges
There are different ways individuals could find themselves charged with evading arrest. Some common scenarios include:
- Fleeing in a vehicle. One of the most common situations is a suspect speeding away when police attempt a traffic stop. This is a felony offense in Texas, with harsher penalties if it leads to property damage or injuries.
- Running on foot. Sometimes, a person panics and runs when approached by law enforcement, whether out of fear, misunderstanding, or past experiences with the legal system.
- Failing to stop immediately. Even a short delay in pulling over for an officer’s lights and sirens can be considered evading, depending on the circumstances.
- Drunk or drugged drivers. An intoxicated driver might not even realize they are being pursued or may attempt to flee to avoid a DWI arrest.
- Fear of law enforcement. Some individuals, particularly those with past negative encounters with law enforcement, may instinctively flee due to fear, even if they have not committed a crime.
If you have been charged with evading arrest, a strong legal defense can make all the difference.
For example, one of the key elements of an evading arrest charge is intent. If a person did not knowingly try to escape law enforcement, an attorney may argue that they were unaware that an officer was pursuing them. Or, in a case involving a drunk driver, it may be possible to show that intoxication impaired their ability to recognize police lights or sirens.
No Lawful Arrest or Mistaken Identity
Law enforcement officers must have a legitimate reason for stopping or arresting someone. If the attempted arrest was unlawful, then the evading charge may not stand. So if an officer had no reasonable suspicion for a traffic stop, any resulting charges could be dismissed. Also, in some cases a person is falsely accused of evading arrest due to mistaken identity, particularly in high-speed chases or foot pursuits where multiple suspects are involved.
There are even circumstances involving panic. When it is possible to show that an action was out of fear rather than criminal intent, especially in cases involving aggressive or unmarked officers, this could be a valid defense. Evading arrest charges can have life-altering consequences, but a skilled Houston criminal lawyer can help you explore your legal options.
Who said you were evading arrest? Talk to the seasoned attorneys at Ayson Law Firm as soon as possible to begin building your defense and protecting your rights. Contact us today to discuss your options and protect your future.
