Not all cases and criminal allegations of evading arrest involve people who are attempting to escape police officers who may be making a legitimate arrest. In some cases, the person who was arrested and accused of evading arrest was guilty of nothing more than ending an otherwise consensual encounter with law enforcement on their own terms.
Believe it or not, this is very often the case.
An over zealous police officer treated the citizen as a subject, and the citizen decided by his own freedom to end the encounter. The officer abuses his/her power in an effort maintain the “upper hand” by using their arrest authority.
These type of illegal arrests happen in Houston all the time.
As a matter of fact, I’ve represented two personal friends that were charged in Houston/Harris County with evading arrest by motor vehicle. Each were charged with a third degree felony (punishable by 2 to 10 years in prison and up to a 10,000 fine).
One friend is a Harvard MBA graduate, owner of his own investment firm, enormously wealthy, and a law abiding citizen in his 50′s. He has never had a negative encounter with law enforcement until his arrest in Houston for evading arrest by motor vehicle. To sum up the arrest; he was driving to his office early one morning and was traveling through a school zone when, unbeknownst to him, a school crossing guard hand signaled him to pull over.
When he failed to stop immediately and exit his car at the behest of the crossing guard, law enforcement was dispatched quickly resulting in my friend and client being surrounded by several police cars, and in terms not uncertain, loudly told (with pistols drawn) to exit his vehicle and lay on ground where he was subsequently manhandled by several male and one small, loud and extremely aggressive, female patrol officer.
Another friend of mine, also a middle aged law abiding citizen, was driving from Houston to Galveston late one night, radio blaring, and lost in his own thoughts when he noticed an emergency headlight in his rear view mirror. He too was accosted by several members of law enforcement, and roughly treated, while speaking to deaf ears as he attempted to explain his effort to pull over as soon as he was aware of the overhead police lights. He was jailed and hit with a large bail bond.
The original patrol car followed my friend, and client, for less than a couple miles.
Both of the cases were dismissed after being set for trial. I believe that both were arrested due to the lack of experience of the arresting officers, and a over zealous desire to make an easy felony arrest in order to bolster their arrest numbers thus enhancing and hastening career advancement. I’ve had many discussions with Houston area defense lawyers echoing my same sentiments.
While most police officers are mature adults, a lot of them aren’t, and will over step their bounds when it comes to civil rights.
Criminal Defense Attorney Jack B. Carroll Accepts Evading Arrest Cases. Call 713-228-4607 to set an appointment to discuss the matter.
Serving Harris County, Texas and The Greater Houston Area.
The Burden Of Proof Falls on The State of Texas in Evading Arrest Cases
In the court of law, The State of Texas has to prove you were aware of impending detainment by law enforcement, and that you evaded arrest deliberately. In fact, the State of Texas has no case if the arrest, less evasion, was illegal in the first place.
Yes, the State of Texas has to prove that the originating intent to detain you would have resulted in a legitimate arrest, outside of any evasion of detention charge.