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Evading Arrest in Vehicle

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colby08

Junior Member
What is the name of your state? Texas.. Medina County

This started out as a resisting arrest charge. He (my husband) went to court for this and once they sentenced him to jail time he ran out, jumped in his car and drove off. For that he now is facing evading arrest in a motor vehicle. His court date is coming up soon and we are worried because we have our baby due in 12 weeks. We would like to have some kind of ballpark idea of what his sentence might be. Any info on this charge would be greatly appreciated
 


FlyingRon

Senior Member
If no weapon was involved, he could get up to a year on this one. That's in addition to whatever he was originally sentenced for. If there was any suspension of sentence on the original charge, that too could be reinstated.

I would find another lamaze partner.
 

CavemanLawyer

Senior Member
He actually ran out of the courthouse after they pronounced his sentence? If that's the case you can bet that he's going to get higher than the average sentence.

Felony evading is a state jail offense which can be punished from between 6 months up to 2 years in State jail, and in state jail you serve day for day so there is no parole or early release. There is also a provision called 12.44 which allows him to serve his time in county where he gets double credit. So if he were sentenced to 6 months 12.44 he'd only serve 3 months county.

Its tough to say what the State's offer will be, but my guess would be that its more than 1 year in State jail. I imagine there are plenty of witnesses in their case if he ran out of the courtroom.

His attorney should at least make an appeal that he serves his sentence in county jail so that he can be close to his family since he has a baby on the way.
 

seniorjudge

Senior Member
...
He actually ran out of the courthouse after they pronounced his sentence?
...
That happened to me once; the defendant (a girl) ran out and the deputies dragged her back.

She apologized and said, "I didn't know what the sh*t was going on!"

Another lawyer in the courtroom mumbled, "Hell, I never know what the sh*t is going on in court but I sure don't tell the judge."
 

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