Evading Arrest or Detention
Evading Arrest or Detention occurs any time person intentionally flees from a person he or she knows is a peace officer. Texas Penal Code Sec. 38.04 classifies Evading Arrest or Detention on foot as a Class A Misdemeanor with a range of punishment from 0 days to 1 year in jail and a fine up to $4,000. The same statute classifies Evading Arrest or Detention in a motor vehicle as a State Jail Felony with a range of punishment from 180 days to 2 years in a State Jail and a fine up to $10,000. Other factors can cause Resisting Arrest to be classified as a Third or Second Degree. These include prior Evading Arrest conviction or causing serious bodily injury or death in the course of evading.
Fleeing is broadly defined in Texas as “anything less than prompt compliance with an officer’s direction to stop.” However, the length and manner in which a person is alleged to have fled from an officer may determine whether a judge or jury could conclude beyond a reasonable doubt that a defendant evaded an officer intentionally.
Evading Arrest or Detention is typically accompanied by at least one additional charge. The attorneys at Rosenthal Kalabus & Therrian understand that individuals facing multiple charges or even a single criminal charge can feel overwhelmed and anxious. We dedicate our free consultations to helping alleviate these feelings by discussing the process and our approach to providing you the best defense possible. Contact our office today.
Felony Arrests
Felony records destroy dreams, careers and lives and are the legal version of cancer.
You can realize the seriousness of a felony arrest from the amount of your bond or the treatment you received while you were being processed. It doesn’t matter if you are innocent or even that you are a respected businessperson with a family that loves you, your felony charge becomes your new identity.
At Rosenthal Kalabus & Therrian, we feel differently. We know that an arrest and charge don’t always add up to a conviction. Despite how you feel about it, the law is on your side. The burden of proof is on the prosecution. Our meticulous approach to your defense makes the prosecution’s ability to show you as guilty very difficult.
Fighting Your Conviction is Our Priority
If your felony charge hasn’t dramatically altered your life enough, a felony conviction will affect your future in ways you can only imagine. A felony conviction in Collin County carries stiff fines and lengthy prison sentences. Your career, reputation, and even your relationships may not be waiting for you after you have paid your “debt” to society.
An Effective Strategy
Since any piece of evidence or minor detail could be the key to your acquittal, we use every legal means to obtain all evidence from the prosecution, police, any witnesses, and every other involved party. Our detailed approach to evidence allows us to create an effective strategy for your defense. We don’t accept conviction as an option and our defense of you reflects that.
If you have been arrested on a felony charge, you owe it to your future to give Rosenthal Kalabus & Therrian a call today.
Resisting Arrest in Collin County
Resisting Arrest is defined by Texas Penal Code Section 38.03. A person commits the offense of Resisting Arrest if they:
- intentionally prevents or obstructs,
- a peace officer or a person acting at a peace officer’s direction,
- from effecting an arrest, search, or transportation,
- by using force against the peace officer or another
In most cases Resisting Arrest is a Class A Misdemeanor with a range of punishment from 0 days to 1 year in jail and a fine up to $4,000. If a deadly weapon was used in the commission of the offense, Resisting Arrest is a Third Degree Felony.
Sometimes officers use Resisting Arrest as a catchall for anything that makes the act of effectuating an arrest more difficult. The offense is not that broad. Resisting Arrest requires the use of force and that force must be directed at or against the officer. This means that acts of turning around or pulling away may not constitute Resisting Arrest.
Another common issue in prosecuting a person for Resisting Arrest is proving the existence of an actual arrest. A person does not commit the offense of Resisting Arrest when they are merely resisting some sort of police action that does constitute an arrest, search or transport.
By the very nature of the offense, individuals charged with Resisting Arrest are likely facing at least one other charge. In situations like this it can feel like problems are compounding problems. This does not have to be the case. If you have been charged with Resisting Arrest, contact our office for a free consultation with one of our experienced attorneys.
Sexting
Sending sexually explicit images by cell phone or email has become more popular with teens in recent years. The phenomenon is known as sexting.
Technology is evolving fast and many states laws are silent when it comes to sexting. While Texas law does not specifically mention sexting by name, there are several Texas statutes that criminalize such behavior. What is so shocking about Texas sexting laws is that teenagers are often at risk of significant criminal penalties under very suspect situations. Consider the following scenarios that involve sexting:
- Your teenage daughter could be arrested for sending a nude or semi-nude picture of herself to her boyfriend
- Your teenage son could be charged with a crime if his cellphone contains nude or semi-nude pictures that his girlfriend sent him
- Your teenage son or daughter could be charged with a crime simply because they forwarded nude pictures to a friend, even though your son or daughter played no role in actually taking the picture
If you or your child has been charged with sexting, do not wait for things to smooth themselves out. While it may seem like a simple matter to you, the consequences imposed by the criminal justice system could be severe. Contact Rosenthal Kalabus & Therrian to discuss your situation confidentially.