Legal Question in Criminal Law in Texas

Last night my husband got arrested for evading, here is what happened.. He pulled into a neighborhood going a little to fast, 2 cops had already pulled someone over so they shined a spotlight at him, he went around and one of the cops followed him to pull him over. After they turned the lights on him he turned a corner and pulled into my brothers driveway (who he was there pick up) the cops asked him why he ran and he told them he was there to pick up his brother in law. They went to my brothers door and asked "does anthony live here" witch is NOT my husbands name so my brother said no and they took him to jail for felony evading. What do we need to do to get this dropped from a felony?


Asked on 4/10/12, 9:48 am

2 Answers from Attorneys
Jeffrey Brashear The Brashear Law Firm, PLLC

Based on what you have written, it appears that the police may have been a bit over excited with what your spouse did while entering the neighborhood. There are a few questions which would require some response to: first, exactly how did the officer shine the spotlight on your spouse; second, how far from the officer shinning the spotlight is it to your brother's house; third, did your brother see your spouse when the officer went to the door and asked the question; fourth, did the officer say anything to your spouse as he drove around; and fifth, which court is handling your spouse's case? These are many other questions need to be answered so as to have a better understanding of why the police believed that the criminal offense of evading had happened. You should consider contacting a local law firm to assist your spouse with defending his rights and interests. Should you desire, you may contact us at 281-994-4034 or review the firm's website at http://www.thebrashearlawfirm.com for more information. Furthermore, based on what facts you have presented, it appears that your spouse may be able to have this case dismissed by the prosecution.

The above response given is not intended to create, nor does it create an on-going duty to respond to questions. Additionally, the response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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Answered on 4/10/12, 11:05 am
Cynthia Henley Cynthia Henley, Lawyer

You definitely need to hire a lawyer for him. Whether or not it was your brother's house is not the question; question is whether he evaded and it really does not sound like he did. He has the right to go to a safe place to stop - within reason, of course.

I've been handling criminal cases for 24 years as a defense lawyer. If you wish to discuss this further, please fell free to call me. 713-222-1220

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Answered on 4/10/12, 2:15 pm


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