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My son was arrested for evading when he did not know it was a cop. He was charged with nothing else. Is that normal???

Belton, TX |
Filed under: Criminal charges

My son and his friends were walking to the store at 1 in the morning. Instead of going to the end of the street and cutting over. They cross where a building is being built. There is no fence around the property. Two went to the store and my son and his friend wait for the boys in front of building. When they see head lights they run to the end of the property to the road and walk the rest of the way home. Before they make it home 2 cop cars pull up with guns drawn and handcuff and put them in the car. My son is 18 and is stupid for being on this property but did not know it was a cop he just knew he should not be on that property and ran off. Nothing was done to the property and no charges except evading was charged. I dont think this should mess up the rest of his life.

Attorney Answers 4


  1. Normal? Why is the boy out at 1 A.M. on another's property? Why are they running away? Put yourself in the officers' shoes.


  2. If you really want to help out your son, help him hire a good criminal defense lawyer who can sort this out and maybe, just maybe, get a resolution that does not mess up the rest of his life.

    Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.


  3. The officers would have to show that it was apparent that they were police officer. Additionally they would need to show that there was an actual evading. Here it is a misdemeanor. Of course it is an odd time to be out walking around on someone else's property. Nothing good happens at that time of morning.

    Bobby Barina's answer to a legal question on Avvo does not establish an attorney-client relationship. Mr. Barina offers everyone a free consultation to discuss their case. Feel free to call his office at 254-699-3755 to make an appointment or visit his website at www.bobbybarina.com for more information about his services.


  4. Ask your son's attorney about inquiring whether the D.A.'s office will "divert" the case, if they will consider such relief, short of a trial. It sounds like your son has no prior record, was not otherwise committing any offense (other than a thin beef of "criminal trespass" of the property), but did run from the police. Some considerations a good attorney will examine is whether the police car was marked or unmarked and whether the officer used any emergency lights or audible police-type sounds to identify police presence. The "divert" is an entire explanation by itself, but should be examined as an alternative from what I am reading here.

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