Evading Arrest Charges? A Former Prosecutor Explains How To Win Your Case! (2022) 

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TEXAS Penal Code §38.04 Evading Arrest or Detention, a Discussion on Challenging Constitutionality of a Statute. the offense of “Evading Arrest or Detention” as codified in PENAL CODE, §38.04(b)(1)(B) (no previous conviction) or §§38.04(b)(2/3) (prior conviction/death of another) COULD and SHOULD be directly challenged as being unconstitutional, because, as a whole, it is overly vague, ambiguous and overbroad. How so? Well, the statute: does NOT DEFINE or make reference to a specifically assigned meaning for “evading/evasion” in order to either prove or disprove the element with facts or evidence; does NOT provide in any way whatsoever ANY specific statutory criteria for the element of evading regarding what facts, evidence, and/or actions, constitute the act of “evading/evasion,”; does NOT, absent a specific definition, provide an individual with properly sufficient legal notice of what behavior or actions constitutes the criminal act of “evading/evasion,” and, therefore, it is an irreparable due process violation of the highest order; and; it allows both the officer AND the prosecutor to determine, decide and rely entirely upon his/her own personal presumptions, conclusions, opinions and discretion about what legally constitutes “evading/evasion” in order to charge and prosecute the alleged offense against any individual merely on the entirely subjective basis that the individual didn’t immediately come to a complete stop and surrender within some subjectively arbitrary amount of time or distance, or a particular place, that the OFFICER AND PROSECUTOR ALONE gets to decide is appropriate. Now try reading the online version of the statute and see if you can reasonably come to any other possible conclusion yourself based upon the facts and evidence of how the statute is ACTUALLY written: statutes.capitol.texas.gov/Docs/PE/htm/PE.38.htm#38.04 Also, you can easily verify that no such definition exists in Texas law if you go to the “Search” function at the top of this page; statutes.capitol.texas.gov You can type in (WITH the double quotes) either of these phrases, “evading means” or “evading includes”, and you will see that you get NOTHING in return for either search. That is demonstrable proof that the Texas Legislature does NOT define the term “evading” ANYWHERE in any code containing Texas law. THAT is precisely what an absolutely unconstitutionally vague, ambiguous, and overbroad statute most obviously reads like. In this case, it leaves the entire primary element of the statutory offense completely and subjectively open to definitions and determinations created and maintained solely by the charging officer or the prosecutor as to what constitutes “evading” as an element of the offense, and THAT is a direct due process violation. When it comes to the statute, if you find yourself being charged under §38.04 Penal Code, it is imperative that you LEARN IT, KNOW IT, and APPLY THIS ARGUMENT. If you do it correctly, you SHOULD get it thrown out. Most likely ON APPEAL because the lower level trial courts WILL NOT usually even attempt to rule in the favor of an accused individual that a penal statute is even remotely unconstitutional, no matter how blatantly obvious it might actually be so. THAT is why it will almost certainly have to be done on APPEAL, so make damn sure you make the argument correctly and thoroughly IN WRITING via MOTIONS and JUDICIAL NOTICES so that there is a proper record for appeal. For that reason, you MUST also file a Motion DEMANDING that there be a court reporter present and recording at every single proceeding conducted in your case so you have a complete record for appeal.

Do you think i can still win the case if it was a high speed chase they took my car too it was nun in the car i told them i didn’t have no insurance