No matter the circumstances, being arrested is always a challenging situation. Allegations can arise from not just the offense, but also from the arrest itself. In some cases, you may face charges for resisting arrest, evading arrest, or failure to identify.
Law enforcement is required to follow certain procedures upon arrest. An experienced criminal defense attorney can assess your situation for any improper force. If your constitutional rights were violated, an attorney can fight any allegations. Protect your rights and obtain the aid of a skilled defense lawyer.
Defense Attorneys for San Antonio Arrests in Texas
Being arrested is not only complicated, but traumatic. Law enforcement may use excessive force, arrest without cause, or violate other arrest procedures. Those who have been arrested in the Bexar County area should seek a defense attorney.
Attorneys at Flanary Law Firm, PLLC are experienced in criminal defense, and we understand the ins and outs of law enforcement arrest requirements. Our attorneys are passionate about defending the Constitutional rights of our clients. Do what is best for your future. Contact the attorneys at Flanary Law Firm, PLLC.
Make the first step of your defense. Flanary Law Firm, PLLC practices law throughout the greater Bexar County area including adjoining counties such as Guadalupe County, Wilson County, Medina County, Kendall County, and Comal County.
Call (210) 738-8383 to schedule a free consultation for your pending criminal charges.
Overview for Arrests in Bexar County, Texas
- Requirements for Arrest
- Arrest Warrants
- Resisting Arrest
- Evading Arrest
- Failure to Identify
- Additional Resources
Requirements for an Arrest in San Antonio, Texas
The Fourth Amendment of the Constitution states that law enforcement is required to have probable cause to arrest an individual without a warrant. Probable cause means that there must be a certain amount of compelling evidence for the arrest to happen.
Only factual and objective circumstances can be considered probable cause. Gut-feelings or suspicions are not viable enough for police officers to make an arrest. It’s unlawful for an officer to arrest a person based on discrimination or a simple “hunch.” Normally, the probable cause for a police officer is to witness the offense being committed in his or her plain view.
Additionally, an officer may not enter a residence to make an arrest unless:
- A person who resides in the residence consents to the entry; or
- Exigent circumstances require the officer making the arrest enter the residence without the consent of a resident without a warrant.
Arrest Warrants in Bexar County, Texas
An arrest warrant gives law enforcement the legal right to arrest someone for allegedly committing a crime. A judge signs a viable arrest warrant when they are given an affidavit. The affidavit must present probable cause to believe that the alleged offender is linked to a crime.
If an individual is given a court date and doesn’t appear in court, he or she may be issued a bench warrant. A bench warrant is used to issue an arrest for an alleged offender who has violated a court order. This is unlike arrest warrants, which are for individuals who are accused of a crime.
Resisting Arrest Charges in San Antonio
An arrest can be extremely emotional and chaotic. This may lead to behavior that causes issues with the arrest. If an alleged offender struggles or creates unnecessary problems, he or she may be charged with resisting arrest.
Numerous scenarios can lead to a resisting arrest charge such as attempting to flee, fighting an officer, or being generally unwilling to corporate. A resisting arrest conviction is a Class A Misdemeanor. The maximum penalties include:
- Up to one year in prison; and
- Possible fine of up to $4,000.
Evading Arrest Charges under Texas Law
A person who escapes a search or arrest may be charged with evading arrest. Normally, this offense occurs in motor vehicle chases. In some cases, an evading arrest charge may be a simple misunderstanding. However, Texas law does not treat those accused of evading arrest lightly.
According to Texas Penal Code § 38.04, a person who flees from an officer will face a Class A misdemeanor. However, certain factors may elevate these penalties.An evading arrest charge will be elevated to a state jail felony if:
- The alleged offender has been previously convicted of evading arrest; or
- The alleged offender uses a vehicle or watercraft while in flight.
The penalties for a state jail felony is punishable by up to 180 days to 14 months in state jail and a possible fine of up to $10,000.
An evading arrest charge will be elevated to a third-degree felony if:
- The alleged offender uses a vehicle or watercraft while in flight and was previously convicted of evading arrest; or
- Causes serious bodily injury to another as a direct result of an attempt to flee.
A third degree felony is punishable by up to 2 to 10 years in prison and a possible fine of up to $10,000.
An evading arrest charge will be elevated to a second-degree felony if another person dies as a direct result of an attempt to flee from an officer or investigator. The penalty for a second-degree felony is punishable by up to 2 to 20 years in prison and a possible fine of up to $10,000.
Failure to Identify Offense in San Antonio, Texas
Upon arrest, an alleged offender is required to provide their name, address, and date of birth to the arresting officer. Those who do not comply may face charges of failure to identify charges. Any person who provides false information will be charged with failure to identify.
If a person refuses to provide the requested information, he or she will face a Class C misdemeanor that is punishable by a possible fine of up to $500. Those who provide false information will have their charges elevated to a Class B misdemeanor.
The penalties for a Class B misdemeanor include:
- Up to 180 days in jail; and
- A possible fine of up to $2,000
If the person is a fugitive and intentionally doesn’t provide the appropriate information, to an officer he or she will face a Class B misdemeanor. Lastly, any person who is a fugitive and provides false identifying information will face a Class A misdemeanor
Texas Arrest Laws – Visit the official website for the Texas Penal Code Ch. 38, Obstructing Governmental Operations. Find more information on evading arrest, failure to identify, or resisting charge offenses. Learn their penalties, legal terms, and possible admissible defenses in court.
End Arrests for Non-Jailable Offenses | TCJC – Visit the official website for the Texas Criminal Justice Coalition, an organization that advances solutions that transform the adult and youth justice system to support families and foster safer communities. Learn the statistics for unnecessary arrests, upcoming bills for halting this activity, and additional resources regarding arrests made in Texas. You can also find more information about the TCIC mission to end arrests for non-liable arrests.
Lawyers for Arrests in Bexar County, Texas
Have you been arrested recently in the greater Bexar County area? Did you flee, evade, or fail to identify upon arrest? It is essential that you take the steps to formulate a formidable defense. Make the first step with us at Flanary Law Firm, PLLC.
The attorneys at Flanary Law Firm, PLLC are knowledgeable about police procedures and Texas arrest laws. We are passionate about stopping unnecessary police force. In addition to this, we want to defend your given Constitutional rights. No matter the circumstances, we will be by your side. Contact us today at (210) 738-8383.
Our attorneys represent those arrested throughout the greater San Antonio area including Terrell Hills, Universal City, Leon Valley, and Kirby.
This article was last updated on September 27, 2018.