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  • Writer's pictureBrian Foley

Woodlands Criminal Defense Attorney - Evading in Montgomery County

The Woodlands, Texas Criminal Defense Attorney - Brian Foley - Board Certified in Criminal Law


Montgomery County, Texas is one of the most challenging jurisdictions in the State of Texas when it comes to evading arrest charges. Evading arrest is a serious offense in and can carry severe penalties if not handled correctly. A person commits the offense of Evading Arrest if he intentionally flees from a person he knows is a peace officer or federal special investigator attempting lawfully to arrest or detain him.


This can be done on foot, or in a vehicle. In Texas, there are different types of evading arrest charges, each with their own set of punishment ranges.


Evading Arrest on Foot Misdemeanor


Evading arrest on foot is considered a Class A misdemeanor in Texas. This means that if an individual is found guilty of this offense, they can face up to one year in jail and a fine of up to $4,000. However, if the individual is found to have used a vehicle to assist them in evading arrest, the charge may be elevated to a felony.



Evading Arrest on Foot with Previous Conviction Felony If an individual has a previous conviction for evading arrest on foot, then their subsequent offense may be charged as a state jail felony. The punishment range for a state jail felony is 180 days to 2 years in a state jail facility, and a fine of up to $10,000.


Evading Arrest in a Motor Vehicle


Evading arrest in a motor vehicle is considered a third-degree felony in Texas. This means that if an individual is found guilty of this offense, they can face up to ten years in prison and a fine of up to $10,000. Additionally, if the individual caused the death of another due t0 driving recklessly, the punishment range may be increased to a second-degree felony. The punishment range for a second-degree felony is imprisonment for a term of 2 to 20 years, along with a fine of up to $10,000.


Asset Forfeiture


Montgomery County routinely seeks to forfeit your vehicle if you used it to commit an offense of evading arrest in a motor vehicle. Asset forfeiture is a legal process used by law enforcement to seize property or assets that they believe were obtained through or used in connection with criminal activity. In Texas, asset forfeiture is governed by Chapter 59 of the Code of Criminal Procedure. When it comes to cases of evading in a motor vehicle, the process of asset forfeiture under Chapter 59 can be complex and involve multiple steps. Step 1: Seizure of the Vehicle The first step in the asset forfeiture process is the seizure of the vehicle. If law enforcement officers suspect that the vehicle was used in connection with the commission of a crime, they may seize it as evidence. Typically, this occurs at the time of the arrest or shortly thereafter. The vehicle will then be impounded until the forfeiture proceedings are complete. Step 2: Notice of Seizure and Intent to Forfeit After the vehicle is seized, the state must provide notice to the owner or any other interested party. This notice must include information about the seizure and the state's intent to forfeit the vehicle. If the owner wishes to contest the forfeiture, they must file a claim with the court within a specified time period, typically 20 days from the date of the notice. Step 3: Filing of a Complaint If a claim is filed, the state will then file a complaint in court seeking forfeiture of the vehicle. The complaint will include a detailed description of the vehicle, the reasons for the seizure, and any other relevant information. The state must prove by a preponderance of the evidence that the vehicle was used in connection with the commission of a crime. Step 4: Hearing After the complaint is filed, the court will schedule a hearing to determine whether the state has met its burden of proof. At the hearing, the owner or any other interested party may present evidence and argument in support of their claim. The state may also present evidence in support of the forfeiture. Step 5: Final Order After the hearing, the court will issue a final order either granting or denying the state's request for forfeiture. If the forfeiture is granted, the vehicle will be sold at public auction and the proceeds will be distributed according to the provisions of Chapter 59.


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