Facing Evading Arrest Charges in San Antonio? Here’s Your Critical Defense Guide

Evading Arrest in Texas: A Serious Charge Where Action Speaks Louder Than Words

In Texas, the charge of Evading Arrest or Detention under Texas Penal Code § 38.04 is one of the most rapidly escalating and commonly misunderstood offenses. Contrary to popular belief, you don’t need to be in a high-speed vehicle chase to face severe felony consequences. Fleeing on foot, refusing to immediately pull over, driving away at a slow speed, or even hiding from an officer can form the basis of this charge. Prosecutors aggressively pursue these cases, capitalizing on the jury’s perception that flight indicates a “consciousness of guilt.” At Barton & Associates, Attorneys at Law, we understand the panic and poor judgment that can lead to these accusations. Our statewide team of former prosecutors and trial attorneys has defended hundreds of evading arrest cases. We know that the window to build a successful defense is narrow—often within the first 48 hours—and we act with urgency to protect your rights, your freedom, and your future from this serious charge.

What Constitutes Evading Arrest or Detention Under Texas Law?

The Texas statute is broad and specifically targets any intentional flight from a person known to be a peace officer or federal special investigator who is lawfully attempting to arrest or detain you.

The prosecution must prove three core elements beyond a reasonable doubt:

1. Intentional Flight: You must have intentionally fled. This means a deliberate decision to avoid arrest or detention, not a momentary hesitation or failure to understand a command.
2. Knowledge of Officer’s Status: You must have known the person you were fleeing from was a peace officer. This is often inferred from marked patrol cars, uniforms, sirens, and flashing lights.
3. Lawful Attempt to Arrest/Detain: The officer must have been acting lawfully. If the initial stop, detention, or attempted arrest was without probable cause or reasonable suspicion, your evading charge may be invalid.

Critical Understanding: The law covers all modes of flight. Common scenarios we defend include:

• Driving away after a police officer activates emergency lights.
• “Slow-rolling” or failing to stop a vehicle immediately.
• Running on foot after an officer commands you to stop.
• Hiding inside a building, in a closet, or under a bed when police announce their presence.

The stakes are immediately high. If someone suffers serious bodily injury or death during the incident—whether it’s an officer, a bystander, or even a passenger in your own vehicle—the charge can be elevated to a much more serious felony like manslaughter or felony murder.

The Severe, Escalating Penalties for an Evading Arrest Conviction

The penalties for evading arrest are not fixed; they escalate based on the circumstances of the flight, creating a tiered system of severe consequences.

Collateral Consequences That Follow You Forever

A conviction, especially a felony, triggers a cascade of life-altering effects:

• Permanent Criminal Record: A felony conviction appears on all background checks, shutting doors to employment, housing, and educational opportunities.
• Driver’s License Suspension: A conviction for evading in a vehicle mandates an automatic driver’s license suspension.
• Loss of Professional Licenses: Careers in law, healthcare, real estate, finance, and many skilled trades require state licenses that will be denied or revoked.
• Loss of Firearm Rights: A felony conviction results in a lifelong federal prohibition on possessing firearms.
• Immigration Catastrophe: For non-citizens, a conviction is a deportable offense and can permanently bar future immigration benefits.

How We Build Your Defense: Proven Strategies from Former Prosecutors

At Barton & Associates, we attack the state’s case at its foundation from the moment you contact us. Our defense strategies are honed from our experience on both sides of the courtroom.

1. Challenging the Lawfulness of the Detention or Arrest

This is the most powerful defense. If the officer lacked reasonable suspicion to initially detain you or probable cause to arrest you, then any order to stop was not lawful. Your subsequent flight from an unlawful order may not be a crime. We file motions to suppress evidence from the unlawful stop, which can collapse the entire case.

2. Proving Lack of Knowledge or Intent

The state must prove you knew a peace officer was attempting to detain you. We present evidence such as:

• An unmarked vehicle without visible emergency equipment.
• An officer in plain clothes who failed to properly identify themselves.
• Poor lighting, weather conditions, or other factors that obscured your ability to recognize law enforcement.

We also argue that your actions demonstrated confusion, not intentional flight—such as pulling over at the next safe location rather than stopping immediately on a dangerous road.

3. Exposing Unreasonable or Excessive Police Tactics

Juries need to see the full context. If police engaged in overly aggressive, dangerous, or unnecessary pursuit tactics that escalated the situation, we present that to undermine the prosecution’s narrative and create sympathy for your decision-making under duress.

4. Leveraging Evidence for Early Reduction or Dismissal

In cases with favorable evidence—such as body-cam or dash-cam video that contradicts the officer’s report—we use that leverage immediately. We often negotiate with prosecutors before indictment to reduce felony evading charges to misdemeanor offenses like obstruction of a highway or failure to identify, or even secure a outright dismissal when the evidence is weak.

5. Winning at Trial

When the state’s case rests on shaky testimony or cannot prove the required intent and knowledge, we are fully prepared to take your case to a jury. Our trial attorneys are skilled at creating reasonable doubt where prosecutors assume they have an easy win.

The First 48 Hours: Your Critical Window for Defense

In evading arrest cases, evidence is everything and it can disappear quickly. Body-worn camera and dash-cam video are often automatically deleted after a short retention period if not specifically preserved. Witness memories fade, and the police report becomes the unchallenged official narrative. Your immediate actions are crucial.

1. INVOKE YOUR RIGHT TO REMAIN SILENT. Do not give a statement to police or investigators. Do not try to explain your side of the story. Anything you say will be used to establish your “intent to flee.” State clearly: “I am invoking my right to remain silent and I want an attorney.”
2. DEMAND PRESERVATION OF ALL EVIDENCE THROUGH YOUR ATTORNEY. The single most important action is to have your lawyer immediately send a spoliation letter or emergency motion to the police department and prosecutor, demanding the preservation of all video (body-cam, dash-cam, surveillance), audio recordings, and police logs related to the incident.
3. CONTACT BARTON & ASSOCIATES 24/7. We have a rapid-response system for these time-sensitive charges. When you call, we immediately begin the work of evidence preservation, witness identification, and case analysis. We often intervene before the prosecution has fully reviewed the facts, positioning your case in the best possible light from the start.

Why Barton & Associates is Your Essential Defense Team

Facing an evading arrest charge means battling a system that presumes your guilt from the moment you ran. You need a firm that knows how to turn the state’s evidence against them.

• Former Prosecutors Who Know the Playbook: Our attorneys have prosecuted these cases. We know how police and district attorneys build their narratives, what evidence they prioritize, and where their legal theories are most vulnerable to attack.
• Aggressive, Early Case Intervention: We don’t wait for court dates. We act within hours to secure evidence, contact witnesses, and begin shaping the defense narrative. This proactive approach is why we secure so many dismissals and reductions before trial.
• Resources to Challenge the Evidence: We have the tools and expertise to obtain and analyze all video footage, hire accident reconstruction experts if injuries are alleged, and dissect police radio transmissions and GPS data.
• Trial-Tested and Unafraid: Prosecutors know we are fully prepared to go to trial. This reputation forces them to evaluate the true strength of their evidence and often leads to better pre-trial outcomes for our clients.

Your Freedom Is on the Line. Act Now Before Evidence Disappears.

An evading arrest charge is a legal emergency with a rapidly closing window for an effective defense. The video that could exonerate you may be automatically deleted in a matter of days. The state will not wait, and neither can you.

Do not speak to authorities. Do not assume the evidence will speak for itself. It must be preserved.

Contact Barton & Associates, Attorneys at Law, immediately at 210-500-0000 for a free and confidential case review. We will take urgent action to preserve the evidence, analyze the charges against you, and begin building the powerful defense you need to protect your future.

Main Category: Criminal Defense
Practice Area Category: Felony Offenses
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000