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Old 05-30-2006, 06:33 PM   #1
batman007
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felony evading with a motor vehilce(bike)

i need some advice guys. this past saturday, i was on 45, heading back into town,, riding fast through traffic,, i lost my buddy on the freeway, i exit into a bank parking lot to use my phone, and a cop comes screeching in, and arrests me for felony evading, he said i was running from the police, but i had no idea.. i just got outta jail and need some advice,,,, im going to get a lawyer, and try to get the charge dropped. but does anyone know how this will work out,, ive never been through anything like this b4. my criminal record is clean.

any input would be great,,:eh:
or any lawyer referrrals, bc im still looking for the right one.

i was charged with felony evading arrest with motor vehicle. and i never saw any lights or sirens. :eh:
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Old 05-30-2006, 06:43 PM   #2
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u can beat it with lots of money and time :eh:
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Old 05-30-2006, 06:44 PM   #3
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what kinda cop was it?
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Old 05-30-2006, 06:47 PM   #4
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this exact thing happend to me.. what court are you out of? whose your attorney?

read these:
http://www.motohouston.com/forums/sh...hlight=evading

http://www.motohouston.com/forums/sh...hlight=evading
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Old 05-30-2006, 06:48 PM   #5
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you can always demand the law be changed i mean the illegals are getting away with it. why shouldn't it work with other crims. :icon_bigg
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Old 05-30-2006, 06:49 PM   #6
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use mine john petruzzi

http://www.johnmpetruzziattorney.com/

he knows his .
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Old 05-30-2006, 07:04 PM   #7
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thanks a bunch guys.. it was HPD, i was in city jail for like 15 hours, now im out on bond, court today was pointless, just need to find a lawyer in 2 weeks, b4 my next court date
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Old 05-30-2006, 07:54 PM   #8
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They arrested Batman?
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Old 05-30-2006, 08:00 PM   #9
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Quote:
Originally Posted by ArturoC
They arrested Batman?
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Old 05-30-2006, 08:25 PM   #10
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The law

Have you run before? Or did the cop get hurt? How did they get away with charging you with felony evading? Waas there an accident tied to this incident? They have to prove you knew a cop was chasing you.

If they lost a dispatch tape then you can make a convincing argument that the cop was not in fact in pursuit. No dash cam? They have to establish that the cop was doing what he says he was doing. With a clean record you have good credibility too.


Sec. 38.04. EVADING ARREST OR DETENTION. (a) A person commits an offense if he intentionally flees from a person he knows is a peace officer attempting lawfully to arrest or detain him.
~ (b) [amended 9/1/95] An offense under this section is a Class B misdemeanor, except that the offense is:
~ ~ (1) a Class A misdemeanor if the actor uses a vehicle while the actor is in flight and the actor has not been previously convicted under this section;
~ ~ (2) a state jail felony if the actor uses a vehicle while the actor is in flight and the actor has been previously convicted under this section;
~ ~ (3) a felony of the third degree if another suffers serious bodily injury as a direct result of an attempt by the officer from whom the actor is fleeing to apprehend the actor while the actor is in flight; or
~ ~ (4) a felony of the second degree if another suffers death as a direct result of an attempt by the officer from whom the actor is fleeing to apprehend the actor while the actor is in flight.
~ (c) [added 9/1/95] In this section, "vehicle" has the meaning assigned by Section 541.201, Transportation Code.
~ (d) [added 9/1/95] A person who is subject to prosecution under both this section and another law may be prosecuted under either or both this section and the other law.

Eff 9/1/97 nonsubstantive change in (c) from "Section 2, Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil Statutes)" to "Section 541.201, Transportation Code"

Before 9/1/95 (b) provided:

~ (b) An offense under this section is a Class B misdemeanor, except that the offense is a felony of the third degree if a peace officer suffers serious bodily injury or death from any cause other than an assault or homicide by the actor as a direct result of an attempt by the officer to apprehend the actor while the actor is in flight.
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Old 05-30-2006, 08:39 PM   #11
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Quote:
Originally Posted by batman007
i need some advice guys. this past saturday, i was on 45, heading back into town,, riding fast through traffic,, i lost my buddy on the freeway, i exit into a bank parking lot to use my phone, and a cop comes screeching in, and arrests me for felony evading, he said i was running from the police, but i had no idea.. i just got outta jail and need some advice,,,, im going to get a lawyer, and try to get the charge dropped. but does anyone know how this will work out,, ive never been through anything like this b4. my criminal record is clean.

any input would be great,,:eh:
or any lawyer referrrals, bc im still looking for the right one.

i was charged with felony evading arrest with motor vehicle. and i never saw any lights or sirens. :eh:


I'm a noob when it comes to criminal activity, how does one maintain a clean criminal record after having just been released from jail? :dontknow:
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Old 05-30-2006, 08:44 PM   #12
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Quote:
Originally Posted by ArturoC
I'm a noob when it comes to criminal activity, how does one maintain a clean criminal record after having just been released from jail? :dontknow:

i think he meant he just got bond out from this so call evading the arrest.
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Old 05-30-2006, 08:45 PM   #13
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Quote:
Originally Posted by yamaR6281
i think he meant he just got bond out from this so call evading the arrest.

OOOOOhhhhhhhhhh.. K. thanks.. lol
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Old 05-30-2006, 08:58 PM   #14
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38.04. EVADING[0] ARREST[0] OR DETENTION. (a) A person
commits an offense if he intentionally flees from a person he knows
is a peace officer attempting lawfully to arrest[0] or detain him.
(b) An offense under this section is a Class B misdemeanor,
except that the offense is:
(1) a state jail felony if the actor uses a vehicle
while the actor is in flight and the actor has not been previously
convicted under this section;
(2) a felony of the third degree if:
(A) the actor uses a vehicle while the actor is in
flight and the actor has been previously convicted under this
section; or
(B) another suffers serious bodily injury as a
direct result of an attempt by the officer from whom the actor is
fleeing to apprehend the actor while the actor is in flight; or
(3) a felony of the second degree if another suffers
death as a direct result of an attempt by the officer from whom the
actor is fleeing to apprehend the actor while the actor is in
flight.
(c) In this section, "vehicle" has the meaning assigned by
Section 541.201, Transportation Code.
(d) A person who is subject to prosecution under both this
section and another law may be prosecuted under either or both this
section and the other law.

Acts 1973, 63rd Leg., p. 883, ch. 399, 1, eff. Jan. 1, 1974.
Amended by Acts 1987, 70th Leg., ch. 504, 1, eff. Sept. 1,
1987. Acts 1989, 71st Leg., ch. 126, 1, eff. Sept. 1, 1989;
Acts 1993, 73rd Leg., ch. 900, 1.01, eff. Sept. 1, 1994; Acts
1995, 74th Leg., ch. 708, 1, eff. Sept. 1, 1995; Acts 1997,
75th Leg., ch. 165, 30.240, eff. Sept. 1, 1997; Acts 2001,
77th Leg., ch. 1334, 3, eff. Sept. 1, 2001; Acts 2001, 77th
Leg., ch. 1480, 1, eff. Sept. 1, 2001

Scubed check your info. Think that is pre-update.

BATMAN.......PM Me if you want some advice!!!!!!!!!!!!!!
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Old 05-30-2006, 09:01 PM   #15
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It's gonna cost you a good bit, but you can get out of it...

I just got all my reduced to a speeding ticket (120 in a 60), and it cost me almost $3k...but the arrest isn't going on my record.

Find yourself a good lawyer and a wad of cash.

edit: but whatever you do, DON'T try to fight that yourself. Anyone who is his own lawyer has a fool for a client.
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Old 05-30-2006, 09:04 PM   #16
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yes, i just got out of bond from this fiasco....
one cop said he had his lights on me,,, then lost me, and called back up,, the others caught me without their lights on when i was entering that parking lot to use my phone,,, the officer who first approached me did not have lights or sirens on,,, he just came full speed at me in the parking lot and stopped right in front of me... i grabbed my wallet, and he grabbed his gun... obviously i did not know the severity at the moment.... , he said that there was a bike running on the freeway, and he had to wait for the original officer to arrive and ID me... and so he did, and i went to jail.... i never saw any police lights that day...

while transporting me, he said he never really saw me run, nor was their a chase.,, so he called the DA and asked if they could just charge me with reckless,, DA said no ,bc some stupid officer said he was chasing me with his lights on the freeway , so charges remain at felony evading
thats just about the whole story.
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Old 05-30-2006, 09:06 PM   #17
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Quote:
Originally Posted by Sheriff
38.04. EVADING[0] ARREST[0] OR DETENTION. (a) A person
commits an offense if he intentionally flees from a person he knows
is a peace officer attempting lawfully to arrest[0] or detain him.
(b) An offense under this section is a Class B misdemeanor,
except that the offense is:
(1) a state jail felony if the actor uses a vehicle
while the actor is in flight and the actor has not been previously
convicted under this section;
(2) a felony of the third degree if:
(A) the actor uses a vehicle while the actor is in
flight and the actor has been previously convicted under this
section; or
(B) another suffers serious bodily injury as a
direct result of an attempt by the officer from whom the actor is
fleeing to apprehend the actor while the actor is in flight; or
(3) a felony of the second degree if another suffers
death as a direct result of an attempt by the officer from whom the
actor is fleeing to apprehend the actor while the actor is in
flight.
(c) In this section, "vehicle" has the meaning assigned by
Section 541.201, Transportation Code.
(d) A person who is subject to prosecution under both this
section and another law may be prosecuted under either or both this
section and the other law.

Acts 1973, 63rd Leg., p. 883, ch. 399, 1, eff. Jan. 1, 1974.
Amended by Acts 1987, 70th Leg., ch. 504, 1, eff. Sept. 1,
1987. Acts 1989, 71st Leg., ch. 126, 1, eff. Sept. 1, 1989;
Acts 1993, 73rd Leg., ch. 900, 1.01, eff. Sept. 1, 1994; Acts
1995, 74th Leg., ch. 708, 1, eff. Sept. 1, 1995; Acts 1997,
75th Leg., ch. 165, 30.240, eff. Sept. 1, 1997; Acts 2001,
77th Leg., ch. 1334, 3, eff. Sept. 1, 2001; Acts 2001, 77th
Leg., ch. 1480, 1, eff. Sept. 1, 2001

Scubed check your info. Think that is pre-update.

BATMAN.......PM Me if you want some advice!!!!!!!!!!!!!!






SWEEEEEEET!! That's what i'm talking about!
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Old 05-30-2006, 09:10 PM   #18
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What about your bike? I assume they towed it. Did they damage your bike when they towed it--that's always my worst fear about running!
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Old 05-30-2006, 09:38 PM   #19
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Quote:
Originally Posted by Scubed
Have you run before? Or did the cop get hurt? How did they get away with charging you with felony evading? Waas there an accident tied to this incident? They have to prove you knew a cop was chasing you.

If they lost a dispatch tape then you can make a convincing argument that the cop was not in fact in pursuit. No dash cam? They have to establish that the cop was doing what he says he was doing. With a clean record you have good credibility too.

your in a world of my friend, take it from me, im serving 2 years deffered probation for an evading i did not commit.
you, and your lawyer will have to convince the jury that your word over the cops word is correct. i would say forget about the tall tale ppl. here are leading you into believe, i seriously doubt that this will be dismissed before it goes to trial. and if your judge is a like mine was, she can turn down any deals you have made with the DA.
i would suggest get a good lawyer, cause i see a trial in your future...

read these links to see how i got fuked, and i hope you come out ok, cause this fiasco has fuked my life up pretty good!

http://www.motohouston.com/forums/sh...hlight=evading

http://www.motohouston.com/forums/sh...hlight=evading


good luck
trey
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Old 05-30-2006, 09:40 PM   #20
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