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What are my chances in this evading arrest case?

Houston, TX |
Filed under: Traffic stops

Immediately upon entering the freeway from the feeder road, a police vehicle came behind me and tried to pull me over. I had my child in the vehicle and i exited at the next exit and unto the parking lot of a building. The freeway was busy and I had to pull off the freeway because of the danger. Now they are charging me with evading arrest

Attorney Answers 4


It depends on your criminal history. There is the possibility of a dismissal or deferred adjudication if you have minor or no criminal history. Another factor may be the distance between the exits. I understand that you didn't want to pull over on the freeway, but people pull over on the freeway all the time. Sounds like you ticked the officer off. Get a criminal defense attorney.

Brian Tyrone is a licensed Texas attorney. Any answers I provide are not intended to be legal advice, nor do they establish an attorney-client relationship. Because there is no attorney-client relationship established by any answers I provide, you should consult with a licensed attorney in order to understand your legal rights and responsibilities.

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2 lawyers agree


I agree with Mr. Tyrone, but would add that it will depend on the specific facts of your case. That means (1) what the officer wrote in his/her report and (2) any statement you made to the officer or made in writing. Clearly if the officer states that it took you 5 minutes to pull over, it would look worse than getting off at the exit 30 seconds after the officer's lights came on.

You will have the chance to explain yourself to the judge, and I would recommend bringing your child with you. That way the judge can see your sincerity, and hopefully see you concern and affection for your child. If you are lucky, then nothing will come of this (or at least nothing serious).

Answers to Avvo questions are for general information purposes only and should not be relied upon as legal advice. Specific facts in your case may make this answer inaccurate or incorrect for your situation. This answer does not create an attorney/client relationship, and is also not a privileged communication due to its public nature. For specific advice about your situation, you should consult an attorney directly.

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1 lawyer agrees


Hire a lawyer. What happened is you made one of the hotheads in the Houston area mad when you did not immediately stop, and probably a baby prosecutor took the charges. Your listed your case under speeding ticket but this is far more serious - it is a felony.

Your lawyer may be able to get the case no-billed by the grand jury if the prosecutor is not willing to dismiss it. Otherwise, depending on your criminal history and the facts as seen from all sides, you may need to push this case to trial.

Don't look for a cheap lawyer; look for a lawyer who knows what they are doing and is wiling to go to trial.

Cynthia Henley

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1 lawyer agrees


It seems as though, based on your representation of the facts that you may not have committed a crime. But it is very difficult to assess chances. Hire an attorney immediately.

My answers are not intended as anything more than an educational response to generic questions posted on this site.

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