Fort Worth Evading Arrest Lawyer

Former Tarrant County Prosecutor Brandon Fulgham Click for Free Consultation
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Criminal Defense Attorney Representing Fort Worth, Arlington, and Tarrant County Clients


Were you arrested or charged with evading arrest in Fort Worth, Arlington or Tarrant County? The police and prosecutor have already begun building a case against you and will vigorously prosecute you, even if you are innocent or simply made a mistake. You need an aggressive and experienced Fort Worth criminal defense lawyer to defend you against allegations of evading arrest. A conviction for evading arrest may have devastating and permanent consequences for your future, affecting not only your liberty but your reputation and ability to obtain a job as well.

At the Fulgham Law Firm, I strive to tailor representation to each client’s needs and goals. How I handle a case varies depends on the unique facts and circumstances surrounding it, the strength of the prosecution’s evidence, and your best interests.  No two cases are alike, and no two clients are alike. Some attorneys have a routine approach to criminal cases and have little to no communication with their clients. You want an attorney you can feel confident in. As a skilled criminal defense attorney, I will take all measures possible to safeguard your legal rights and interests.  Accordingly, I pledge to provide each client with close, personal attention and customized representation. If you were charged with evading arrest in the Fort Worth area, call the Fulgham Law Firm today at (817) 886-3078 to schedule a free consultation.

What Is Evading Arrest?

The Texas Penal Code § 38.04 defines evading arrest as flight from a law officer. However, keep in mind that under Texas law, you are not required to stop and speak with every police officer that attempts to engage you in a conversation.  Specifically, you have the right to decline questions, searches, and pat-downs. You also have the right to walk away from an officer, in the event you have not been placed in custody for questioning or have been formally arrested. It is important to know your rights because many Tarrant County police officers will try to trick you into consenting to something that you are not legally required to do.

When reasonable suspicion or probable cause attach, a police officer may order you to stop. In addition, if an officer is trying to arrest or detain you, the officer may order you to stop. At this point, you are not free to walk away. If you try to leave, you may be charged with evading arrest.

Evading arrest commonly arises in the context of vehicles. Many individuals become scared when they see flashing police lights and do not immediately pull over, while other individuals may become confused, not understand that the police officer intends for them to pull over, and instead continue to drive. The District Attorney’s Office commonly prosecutes drivers who fail to pull over for signaling officers within a reasonable amount of time.

Penalties for Evading Arrest

Evading arrest may be a misdemeanor or felony in the state of Texas. Without any aggravating circumstances, evading arrest is a Class A misdemeanor. All Class A misdemeanors in Texas are punishable by up to one year in Tarrant County jail and/or up to $4,000 in fines.

Evading arrest becomes a felony when either: (1) the individual has a previous conviction of evasion or (2) a vehicle is involved. A conviction for felony evading arrest can result in a sanction of numerous years in Texas state prison and up to $10,000 in fines.

Passionate and Zealous Representation for the Accused in Tarrant County

At the Fulgham Law Firm, I provide passionate defense of the accused. Contact my Fort Worth law office now at (817) 886-3078 for a free and confidential consultation.  As a Texas native and Texas licensed attorney, I have a keen understanding of our state’s laws, court systems, and potential successful defenses for evading arrest charges. In addition, my experience as a prosecutor provides me with the uncanny ability to anticipate the prosecution’s evidence and theory of the case. Contact my Fort Worth law office now at (817) 886-3078 to schedule your free and completely confidential consultation.