1) Yes - Criminal trespassing. Here is a link, if it helps. http://www.hcdistrictclerk.com/edocs/public/CaseDetails.aspx?Get=BvuC47fSdHcdx0FQZhN2sd4zNvj3b/4CKDfKpepQ786gxBtlmv+NnKtJL/AgMCMnNO0ofmM8KWHKJsdbRnfq2jJKtZZXmCJJrDBZMkEdWV4=
2) No. I left to give myself distance. I did nothing wrong at my home.
In order for the prosecutor to prove the crime of evading arrest or detention under Statute Section 38.04 of the Texas Penal Code, the prosecutor must prove the following elements:
The crime of evading arrest or detention can be raised from the level of a class A misdemeanor to a Texas jail felony if the prosecutor proves that the defendant used a vehicle while evading arrest. See Texas Penal Code § 38.04.
So, if you are convicted of the felony, you can still be sentenced as that of a Class A misdemeanor. The possible penalties of a Class A misdemeanor are as follows:
It is EXTREMELY IMPORTANT that you retain an attorney, or if you can't afford an attorney, then ask the judge to appoint you a public defender.
An attorney may be able to plea bargain with the prosecutor to recommend that any felony be punished as a Class A misdemeanor, plea bargain with the prosecutor to reduce the charge from a felony to a misdemeanor, or if ANY of the elements of the crime are not present, then the attorney can file a Motion to Dismiss.
It may also be possible that your attorney can recommend that you serve a period of probation. Unless you don't think that you can keep out of trouble or comply with any terms set by the judge, then probation is MUCH better than jail. Only you can make that decision. Your lawyer will do his/her best to represent your best interests.
Below is a link to the Texas Bar Association Attorney Referral Page. You can discuss the specific facts of your case, evaluate your options and decide how to proceed. Sometimes, an initial consultation is free or at a minimal charge.
I hope you find this information useful.
My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.
Thank you for your business!
Many customers have asked how they can specifically direct a question to me in the future. If you specifically want me to assist you in your legal matter, just put "xavierjd” in the subject line and I will gladly pick up the question as soon as I am on-line.
***Answers given are for informational purposes only and are not meant to replace the advice or assistance of an attorney licensed to practice law in your state. If you need any more information, please do not hesitate to ask. Thank you!
I appreciate the lengthy reply. I actually am aware of the range of penalties - my primary question is what a likely sentencing would be under these circumstances. Is reduction to a misdemeanor probable? Is the above stated 1-3 months county jail or 2 years of probation a reasonable expectation, all things considered?
PS: I am not sure where you are from, but I can tell it's not south Texas. The probation system here is intricately designed to keep people in the legal system.
Thanks, XXXXX XXXXX a great deal. I'll take your advice and grab an anger management course.
1) Already mentioned.
2) Due to the fact this occurred at 1:30 am, there were about 3 cars I saw on the road at all. The question of whether I endangered myself is subjective, as I have received training on motorcycle operation and maneuvering. The officer(s) were put in danger is as far as that they followed me, presumably as fast as their cars would operate. I performed no dangerous or illegal maneuvers during the incident.
3) I am.
4) It was not involved. The officer asked if I was on drugs/alcohol, and when I replied no, he said ok and did not test me. He said there was no way I'd have been able to drive the way I did if I was, anyway.
5) I have a diploma.
6) I have many character references in the community, including pastors, company owners, etc.
7) I do, and they will.
9) I wish I was psychic!
I know you weren't asking for these answers, but I feel compelled to continue this discussion a little further. I am paying, after all =P.
Are there other things I can do to further help my case in a tangible way, things like the anger management course? Join the volunteer fire department, etc?
I actually mentioned that I was riding a motorcycle in the original question =). That being said, it'd be difficult to do much damage to others with it - hence liability insurance rates being extremely low for sportbikes. There just isn't enough mass, and the bike & rider are the ones truly at risk.
Also, I completed the probation successfully.
Thank you for your help, I am scheduled to meet with 3 lawyers within the week.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).