Asked 3/12/2016 – Houston, TX

I am being charged with a felony for evading arrest in a motorized vehicle. The original stop was for failing to come to a full stop at a red light before making a right turn. The officer attempted to issue me a citation, but I refused stating it was my constitutional right to travel, not fully knowing what I was talking about. During the stop 2 other officers showed up, making me very anxious, and then one left, leaving a total of 2 officers. One of the officers that came scared me by saying something, causing me to flee less than one mile away to my house.

After initially refusing an ultimatum of sign or go to jail, the first officer said he’ll go and talk to his supervisor to see what he can do. I decided to sign the citation when the officer came back. However, the second officer came up and I informed him that constitutionally, they don’t have the right to do whatever they want. He responded by by pointing to his badge and uniform stating “This badge and this uniform are all the authority I need” which caused me to fear for my life, especially since it was during a lot of stuff going on with police, this was during October of 2015, and that I was middle eastern.

Answer

Depending on the specifics of your case and criminal history, you are charged with a 3rd degree felony, punishable by incarceration from 2 to 10 years in the Texas Department of Correction, a $10,000 fine or a probationary period of up to 10 years. You have a right to a trial, a right to cross examine the witnesses against you and a right ti present witnesses on your own behalf. The burden of proof is with the State. If they fail to prove the allegations against you, the case will be dismissed. If you are found guilty, you will be sentenced anywhere within the punishment range provided by law. In your case, you will definitely need an attorney and review the evidence. More than likely, the police version of the events will be different than the events you describe. You have not presented any legal defense for your actions. The statute (Texas Penal Code Section 38.04) does NOT say “it is illegal to flee… unless you are scared” or “unless you are middle eastern”. Speak with a local attorney as soon as you can