Defending Against Evading Arrest Charges in Houston
Being charged with evading arrest in Texas is a serious matter that can result in lasting consequences, including jail time, fines, and a permanent criminal record. Texas law treats evading particularly harshly when it involves a motor vehicle or results in injury. Even if a misunderstanding led to the charges, prosecutors often aggressively pursue these cases.
At Ceja Law Firm, our goal is to thoroughly investigate the facts of your case, aggressively defend your rights, and work toward the best possible outcome. Whether that means negotiating a dismissal, presenting a case to the grand jury, or fighting your charges in court, we have the knowledge and experience to help.
How Evading Arrest Is Charged in Texas
Under Texas Penal Code §38.04, a person commits evading arrest if they intentionally flee from someone they know is a peace officer or federal officer lawfully attempting to arrest or detain them. Whether the offense is filed as a misdemeanor or felony depends on how the alleged evasion took place and whether there are aggravating factors.
- On Foot (No Vehicle Involved):
- Class A Misdemeanor
- Punishable by up to 1 year in county jail and a $4,000 fine.
- In a Motor Vehicle or Watercraft:
- State Jail Felony
- Punishable by 180 days to 2 years in a state jail facility and a fine up to $10,000.
- With Aggravating Factors (e.g., serious bodily injury, prior evading convictions):
- Third-Degree Felony
- Punishable by 2 to 10 years in prison and up to a $10,000 fine.
Important: In many cases, an officer may wrongly assume that a delayed stop or confused driving behavior was an attempt to flee. Unfortunately, these misunderstandings can still result in felony charges.
How Evading Arrest Cases Are Defended
Every evading arrest case is unique, but several key defense strategies frequently apply:
Lack of Intent to Flee
The State must prove that the defendant intended to evade arrest. Evidence that can show a lack of intent includes:
- Driving Behavior:
If the driver did not make sudden evasive moves, speed up dramatically, or attempt to “lose” police, it suggests there was no true attempt to flee. - Use of Turn Signals and Normal Driving:
Continuing to drive lawfully (e.g., signaling to change lanes) after an officer activates lights can support the argument that the driver was not fleeing. - No Reason to Flee:
If a person had no outstanding warrants, was not carrying contraband, and had no other reason to avoid arrest, it strengthens the defense. (For example, a recent case handled by Ceja Law Firm involved a client who had no warrants, no drugs, and no other reason to flee — and the grand jury issued a “no bill” clearing our client’s name.)
Unawareness of Police Presence
Sometimes, defendants may not realize that law enforcement is attempting to stop them, especially in cases involving:
- Loud music
- Unmarked police vehicles
- Heavy traffic or unsafe stopping locations
Mistaken Identity
In some situations, law enforcement officers pursue the wrong person based on mistaken assumptions.
Procedural Violations
If an officer did not have probable cause to initiate a stop or if your constitutional rights were violated during the detention or arrest, this can lead to a dismissal of the case.
How to Get an Evading Arrest Charge Dismissed in Harris County
Several strategies can be used to seek a dismissal of evading charges in Harris County:
Grand Jury Presentation
If the evading arrest is charged as a felony, the case will typically be presented to a grand jury. Defense counsel can proactively submit a Grand Jury Packet — a persuasive packet including a narrative, evidence such as dashcam video, favorable facts, polygraph results (if applicable), and letters of character reference. Ceja Law Firm has successfully secured no bills by demonstrating that the client lacked intent to evade.
Negotiations and Mitigation Packets
For misdemeanor cases, or even felony cases where a grand jury packet is not pursued, assembling a mitigation packet including employment records, proof of community service, and character letters can help persuade prosecutors to dismiss or reduce the charge.
Pretrial Diversion or Deferred Adjudication
First-time offenders may qualify for pretrial intervention programs, which upon successful completion, result in a dismissal of the case.
Trial Defense
If the prosecution insists on proceeding, an aggressive trial defense focusing on lack of intent and procedural errors can result in an acquittal.
Expunction After Dismissal or Not Guilty
If an evading arrest case is dismissed or the client is found not guilty at trial, the individual will typically qualify for an expunction — the legal process of destroying all records of the arrest and charge.
Expunction eligibility generally requires:
- Dismissal of the case without conditions.
- A grand jury “no bill” without further prosecution.
- A not guilty verdict after a jury trial.
Expunction is essential because criminal records can affect employment, housing, and professional licensing even years after an arrest.
Frequently Asked Questions (FAQ)
Can an evading arrest charge be reduced?
Yes. In some cases, evading arrest charges can be reduced to lesser charges such as failure to identify or even dismissed entirely if there is insufficient evidence of intent.
What are the penalties for a first-time evading arrest charge?
- On Foot: Up to 1 year in jail and a $4,000 fine.
- In a Vehicle: 180 days to 2 years in a state jail and a fine up to $10,000.
What happens at my first court date in a Houston evading arrest case?
At your first court setting (known as an arraignment), you will typically be formally advised of the charges against you and the judge will review your bond conditions. After hiring an evading arrest attorney, it is possible that your appearance could be waived at future court settings.
How long will my evading arrest case take to resolve?
Every case is different, but a typical evading arrest case in Harris County may take several months to over a year to fully resolve. Cases resolved through a grand jury packet or pretrial diversion may conclude faster. Cases set for trial typically take longer.
Will I go to jail for an evading arrest charge in Houston?
Not necessarily. First-time offenders, especially those charged with misdemeanor evading, may be eligible for deferred adjudication, pretrial intervention, or dismissal. Even in felony cases, an experienced attorney can often avoid jail time through effective negotiation or defense.
What if I didn’t realize the police were trying to stop me?
If you did not knowingly flee, you have a strong defense. Intent is a required element of the charge, and lack of awareness can lead to dismissal.
Can I get an expunction if my evading arrest case is dismissed?
Yes. If your case is dismissed, “no billed” by a grand jury, or if you are acquitted, you will generally be eligible to have all records expunged.
What should I do if I am charged with evading arrest?
- Do not discuss your case with anyone but an attorney.
- Contact an experienced Houston evading arrest defense lawyer immediately.
- Gather any helpful evidence, including dashcam footage, phone records, or witnesses.
Contact Ceja Law Firm Today
If you or a loved one are facing evading arrest charges in Houston or anywhere in Harris County, time is critical. Call Ceja Law Firm today for a free consultation. As a Board-Certified Criminal Defense Attorney and former prosecutor, Jose Ceja has the experience and proven results you need to protect your future.
