Listen to Richard C. McConathy as he discusses the process of defending against Evading Arrest charges in Dallas County.
Evading Arrest defense attorney in Dallas, TX
Evading arrest is a major issue in the state of Texas. It’s used by police officers and district attorneys to bootstrap or raise up a case on you. For example, you get pulled over on a minor violation and you decide “well, I’m not going to pull over, I’m going to go ahead and go forward”. What you got to remember is it’s the officer’s interpretation. If you’re in a vehicle and travel as much as a hundred and fifty feet once those lights are hit, he can hit you with a felony. If you’re on your feet and he gives you a command to stop, he can hit you with a misdemeanor. If you have a prior record, or if there is a person injured in the accident it can be up to a second-degree felony which could be up to 20 years in prison. It’s always important that when you see those lights or are given a command to order that you stop and cooperate with the officer. But at the same time, you got to remember that the district attorney is going to use everything to his advantage to try to get more charges on you so that you’ll plead out of the case. On evading arrest, the challenge is going to be in this particular instance is what is your mental intent at the time. Are you trying to flee the officer and avoid detention, or are you trying to find a safe place to pull over? Other issues are is misidentification, you didn’t hear the officer or the command, or there are other aspects that we find in today’s political modern age; you don’t feel safe around the police officer and you want to go to a place that’s well-lit and there’s more people around you. Especially when you’re facing an issue in some communities where they feel the police are a presence that is not always the best. So, in these particular instances, we have to look at each particular angle of that, especially the mental intent, and bring it to the court. If the court believes that your mental intent didn’t match what your actions were, you can be found not guilty.