Many drivers are startled and frightened at the thought of being the subject of a traffic stop. Law-abiding citizens not only in Texas but around the United States of America have anxieties directly related to dealing with law enforcement officials in any capacity. As a result, sometimes individuals will make the mistake of evading arrest or eluding a police officer.
Resisting or evading arrest in Collin County is a crime. When a law enforcement officer conducts a traffic stop or detainment, the subject of the investigation is supposed to make sure they are calm and compliant while remaining at the scene. Failure to abide by the law enforcement officer’s directions and commands can lead to criminal charges filed against you. The politicians of Texas do not want people to believe they can get away with defying a police officer’s authority, which is why they are extremely harsh when prosecuting this crime, even if the alleged offender did not behave in a violent manner during the evasion. Because of this, you need to make sure you have a criminal defense attorney if you want to avoid jail time and steep court-mandated fines.
Evading arrest is a crime, but in certain cases, individuals may accidentally elude a law enforcement officer. Depending on the circumstance, you may not be able to be aware of a police officer conducting a traffic stop. Perhaps you are colorblind and did not see the lights flashing behind you, or your music was loud and overpowering the squad car’s sirens.
The Law Offices of Richard C. McConathy specialize in helping citizens overcome their criminal charges. With years of experience operating as a criminal defense law firm, our lawyers and legal professionals understand what it takes to provide our clients with exceptional legal representation. We have a proven track record of helping Texans overcome their charges, and we believe in our ability to reduce or dismiss a charge. Serving Collin, Parker, Tarrant, Dallas, and many other counties in the state of Texas, we are ready to take on your legal case. Call us today at 469-304-3422 to schedule a free consultation with a member of our team.
● Definition of Evading Arrest
● Penalties for Evading Arrest
● Resources for Evading Arrest in Collin County, Texas
Texas has strict laws in place in regards to fleeing or eluding a police officer. Texas Penal Code § 38.04 details the definition of this crime; according to this statute, an individual is guilty of evading arrest if they are found intentionally fleeing from a police officer that is attempting to arrest, investigate, or detain them. Individuals are guilty of resisting arrest if they are found to be using force to prevent or obstruct police from arresting, detaining, searching, or transporting the individual during an investigation or traffic stop.
Evading arrest can cause serious penalties and consequences if the accused individual is convicted of this crime. In the state of Texas, this crime is typically classified as a Class B misdemeanor, carrying a maximum fine of $2,000 and a maximum jail sentence of 180 days. In addition to costing you precious time and money, a conviction can also seriously damage your criminal record. Individuals who are convicted of this type of crime may have trouble finding gainful employment, housing, or higher learning opportunities due to their diminished reputations. Landlords and employers take background checks extremely seriously, and you may be seen as an untrustworthy or unreliable individual if you have been guilty of evading arrest.
It is important to keep in mind the fact that prosecutors must be able to prove beyond a shadow of a doubt that the police officer attempting the arrest was behaving lawfully. Evading arrest convictions can only occur if prosecuting attorneys are able to prove to the judge and jury that the law enforcement officer involved in your matter was conducting a lawful arrest or detainment. If they are unable to prove this, you may be able to reduce or dismiss your charges.
Hiring a criminal defense attorney is crucial if you are trying to overcome and avoid the potential consequences of an evading arrest conviction. A qualified defense lawyer can build a fortified legal defense that has the ability to help you retain your honor, freedom, and reputation. However, it’s important to make sure you hire them early on in the process. Swiftly hiring your defense attorney can give them the time they need to learn about you, your case, and begin crafting your defense before it is time to appear in court.
Collin County District Courts - This link takes you to the official website of Collin County, Texas, where you can find a list of the district courts in the city. This webpage also contains the contact information of the courts, as well as helpful links regarding alternatives to litigation, case lookup, and court schedules.
Texas Penal Code: Section 38.04 - This link takes you Chapter 38 of the Texas Penal Code. Here, you will be able to learn more about the official definition of evading arrest, crimes related to evading arrest, and the consequence of being convicted of this crime.
Evading arrest is a crime you don’t want haunting you for the rest of your life. Being convicted of this criminal activity can cause you to forfeit your future opportunities and carry a negative stigma that will negatively affect almost every aspect of your life. Furthermore, it may even add unnecessary tension if you are ever involved in another traffic stop, investigation, or any situation that involves a law enforcement officer. These are a few of the reasons why you need to make sure you have a Collin County criminal defense lawyer on your side when you are notified of your pending criminal charges.
Serving Plano, McKinney, Denton, Dallas, Fort Worth, and so many other areas surrounding Collin County, The Law Offices of Richard C. McConathy have what it takes to properly represent Texans in a court of law. Experienced lawyer Richard C. McConathy has worked with countless clients, and we have experience handling criminal cases related to resisting or evading arrest. For more information on how we can be of assistance to you, contact us today at 469-304-3422 to receive a free consultation.