How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask xavierjd Your Own Question

xavierjd
xavierjd, Attorney
Category: Legal
Satisfied Customers: 3400
Experience:  20+ yrs in criminal, landlord/tenant, family, & small claims
14261217
Type Your Legal Question Here...
xavierjd is online now
A new question is answered every 9 seconds

I had been in a serious verbal altercation with my wife and

Customer Question

I had been in a serious verbal altercation with my wife and left my residence for a drive to 'blow off steam' in order to avoid a physical confrontation. This occurred at approximately 11:30 PM. I rode north on a freeway for an hour or so, then I did a U-turn and began the return trip. I was riding my motorcycle down the freeway in Texas (Conroe/Woodlands area), when I passed a parked police officer while going 94 mph (in a 65 mph zone). After I passed him, he turned on his lights and siren, but I did not notice at first because I was bent low over the bike and the mirrors did not align properly at that angle. I was unable to hear the siren because at speeds over 50, the wind rushing under my helmet tends to drown out any outside sounds. I realized that his lights were on about an eighth mile down the road from the reflection on street signs. I slowed down to the speed limit unconsciously and then became overwhelmed with an insane desire to run - fueled by the fight I'd had with my wife, the text messages she'd sent me that I saw moments before I reentered the freeway from a fuel stop, the shock and adrenaline from the lights behind me, and the realization that I'd been going almost 95mph which would have resulted in a lot of trouble. I jerked on the throttle and tore down the freeway at 170mph, exiting and trying to find a parking lot to stop and collect my scattered thoughts in. The officer followed me, I made a loop through a small back road, then I pulled in to a parking lot with my hands up. The officer did not catch or stop me, I stopped on my own. I complied with the officer's orders and got off, laid on the ground, etc. He and the other two that showed up afterwards realized I was no threat and the 4 of us casually talked. The arresting officer (a lieutenant) asked why I ran, and I told him what I stated above, and showed him the texts proving the story. He included these items in his official report, he showed me. He seemed to think that I would be able to get off with probation.

Endgame: Charged with Evading with a Motor Vehicle (3rd degree felony). No speeding, excessive speeding, inspection, etc charges.

Would it be possible to have the charges reduced to Evading (Class A Misdemeanor), with between 30 and 90 days county jail, with a decent lawyer? Probation is better than state jail, but I'd rather do a month or three in county than probation. It's honestly hell.
Submitted: 1 year ago.
Category: Legal
Expert:  xavierjd replied 1 year ago.
Thanks for using JustAnswer.com It will be my pleasure to assist you today.

Have you ever been convicted of anything before?

Were you also charged with domestic violence? Or, just evading?
Customer: replied 1 year ago.

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.

Expert:  xavierjd replied 1 year ago.
Hi Jason,

What a nightmare!

In order for the prosecution to prove that you were guilty of the crime of evading with a motor vehicle

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:

  1. that the person who fled is the person who committed the crime;
  2. that the defendant acted intentionally;
  3. that the defendant fled;
  4. from another person that the defendant knew was a peace officer (police officer or law enforcement);
  5. that the law enforcement officer was attempting to arrest or detain the defendant;
  6. that the attempted arrest or detention was legal.

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.


If you are charged with a state felony and are convicted, the possible maximum penalties are set forth below:
  • 180 days to two years in a state jail and possible fine not to exceed $10,000
  • Possibility of community supervision
  • Possibility of punishment as Class A misdemeanor

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:

 

  • Up to one year in the county jail and/or a fine not to exceed $4000.
  • Up to two years of community supervision or three years with an extension

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.


http://www.texasbar.com/Content/NavigationMenu/ForThePublic/DoYouNeedaLawyer/Certified_Lawyer_Referral_Services/default.htm

 

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!

Xavierjd

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!

 

 

 

Customer: replied 1 year ago.

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.

Expert:  xavierjd replied 1 year ago.
Hi Jason,

If I read the link that you provided correctly, you were recently discharged from probation. I am not sure if you were successfully discharged, or a conviction was entered because you violated a deferred adjudication.

If you were recently discharged (without progress, or a conviction was entered because you violated a deferred adjudication), then the judge will NOT look kindly upon you getting arrested/convicted so soon after the end of your probation.

The judge has much discretion when sentencing. The judge looks at many things, including but not limited to the following:

1. Your past criminal history (and how close it occurred to this event);

2. Whether you placed the officer(s) or yourself or the public in danger by your actions;

3. Whether you are employed;

4. Whether alcohol was involved in this incident;

5. Whether you have completed high school with a diploma or received a GED;

6. Your contacts within the community;

7. Whether you have family/friends to support you at the hearing/sentencing and whether they will support you afterwords;

8. The status of your driving license;

9. Any other factors that the judge may find relevant.

A reduction to a misdemeanor IS possible (if the prosecutor goes along with it and with the input of the police officer). However, an attorney will really have to fight hard to get you this deal. You may want to enter yourself into an anger management course. This will tell the prosecutor and judge that you are serious about handling the way you deal with stressful situations. That can do nothing but help your cause. Even if that doesn't occur, your attorney can ask for a recommendation that you be sentenced as a Class A misdemeanor and not a felony.

Unfortunately, it is impossible to tell you what a certain judge will do regarding sentencing. S/he has much discretion so long as it does not violate the maximum penalties. The judge, for example, could incarcerate you in the city jail for a period of time AND put you on probation. Also, fines and costs can be assessed in any case.

It is best that an attorney work with the prosecutor to come up with an agreement to either reduce the charge or agree on a sentence recommendation. Your attorney and prosecutor may even talk with the judge prior to your plea of guilty to an offense to find out what s/he will do. If it is not acceptable to you, you can still request a jury trial.

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!

Xavierjd

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!



As you know, it is in your best interest to keep a felony off of your record. A felony can affect your current or future employment, professional licensures, higher education, etc.
Customer: replied 1 year ago.

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.


 


8) Valid


 


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?

Expert:  xavierjd replied 1 year ago.
Hi,

I am happy to answer your follow up questions.

You are correct. Your actions are subjective. However, your speed was quite high (you must have a sports car) and the fact that you were driving at that rate of speed put the officers who were pursuing you at risk, along with anyone who may have entered on to the roadway (whether or not they did). But, your question is a good one, and you should ask the lawyer who is going to represent you. You REALLY shouldn't go it alone!

All of the other answers to my questions are VERY much in your favor. Just as you will get yourself into an anger management class, you should also start collecting letters of reference from your employer, pastor, and others who know you. Further, as many of them who can come to court should do so.

Joining the volunteer fire department is noble, but it won't help with your case. The judge will view that as you "just trying to keep yourself out of jail." The other suggestions that were offered may influence the judge more.

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!

Xavierjd

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!

xavierjd, Attorney
Category: Legal
Satisfied Customers: 3400
Experience: 20+ yrs in criminal, landlord/tenant, family, & small claims
xavierjd and 3 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

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.

Expert:  xavierjd replied 1 year ago.
Hi,

I am not trying to be argumentative or disrespectful, but anyone driving a vehicle (whether it is a motorcycle or car) going 170mph can do a lot of damage....even though, you if there was an accident, you would be either killed or have VERY serious injuries. But, the law doesn't deal with the REALITY of no one was hurt, etc., it deals with the facts as presented and how they fit into the law. The damage doesn't have to be to a person only, it could also be to property--eg. you hit a pole, sign, etc. going that fast.

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!

Xavierjd

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!

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 

Related Legal Questions