Navigating the legal system after a charge of Texas Penal Code § 38.04 can be overwhelming, especially when a loved one is behind bars. This specific statute covers the crime of “Evading Arrest or Detention,” an offense that Texas law enforcement and judges take very seriously. If you or someone you know is facing these charges, understanding how bail works and how to secure a fast release through Lipstick Bail Bonds is the first step toward reclaiming your freedom.
What is Evading Arrest or Detention in Texas?
In simple terms, evading arrest occurs when a person intentionally flees from someone they know is a peace officer or federal investigator attempting to lawfully arrest or detain them. Unlike “resisting arrest,” which involves physical struggle, evading is defined by the act of running away or driving off.
The Legal Definition of § 38.04
Under Texas Penal Code § 38.04, the state must prove that a person willfully avoided an officer. The law applies whether you are on foot, on a bicycle, or in a motor vehicle. Even if you believe the officer has no right to stop you, fleeing can still result in an evading charge.
The 3 Elements Prosecutors Must Prove
To secure a conviction for evading arrest, the prosecution must prove three specific elements beyond a reasonable doubt:
- Intent: You intended to flee.
- Knowledge: You knew the person following or signaling you was a peace officer or federal agent.
- Lawful Attempt: The officer was attempting to lawfully arrest or detain you.
Evading on Foot vs. Evading in a Vehicle
The method of flight drastically changes the severity of the charge. Fleeing on foot is typically a Class A misdemeanor for a first offense. However, using a motor vehicle or watercraft automatically elevates the charge to a felony, as high-speed chases pose a significant danger to the public.
The Bail Process: What Happens After an Evading Arrest Charge?
The moments following an arrest are often the most stressful. In Texas, the process follows a specific timeline designed to move the defendant from the street to a magistrate judge.
The First 48 Hours: The Magistration Hearing in Williamson & Bell County
Once a defendant is booked into a facility like the Williamson County Jail or Bell County Jail, they must see a magistrate judge, usually within 48 hours. During this “magistration” hearing, the judge officially informs the defendant of the charges and sets a bail amount.
How Bail Amounts are Determined for § 38.04
Judges do not pick bail numbers out of thin air. They use a “bail schedule” as a baseline but have the discretion to go higher or lower based on the specifics of the chase. They look at whether anyone was injured during the flight and the defendant’s overall criminal history.
Why “Flight Risk” is Heavily Weighted in Evading Cases
Bail is a financial guarantee that a defendant will return for court. When the charge itself is “evading,” judges are naturally concerned that the defendant is a “flight risk.” If a judge believes you have a tendency to run from authority, they may set a significantly higher bail to ensure you stay put until your court date.
Using a Free 5-Minute Inmate Search to Locate a Loved One
If you can’t find where your loved one was taken after a police pursuit, Lipstick Bail Bonds offers a free 5-minute inmate search service. Their team can quickly scan databases for Williamson County, Bell County, and surrounding areas to locate the defendant and get the bail information you need immediately.
Penalties and Expected Bail Ranges in Texas
The cost of bail is directly tied to the level of the offense. Here is how Texas classifies § 38.04 violations:
- Class A Misdemeanor: Evading on foot with no prior convictions. Bail typically ranges from $500 to $3,000.
- State Jail Felony: Evading in a vehicle (even if it’s a first offense) or evading on foot with a prior conviction. Bail typically ranges from $2,000 to $10,000.
- Third-Degree Felony: Evading in a vehicle with a prior conviction, or if another person suffers serious bodily injury as a direct result of the flight. Bail can range from $10,000 to $30,000+.
- Second-Degree Felony: If the flight results in the death of another person. Bail is often set at $50,000 or higher.
Affordable Bail Bond Options with Lipstick Bail Bonds
Most families do not have thousands of dollars in cash sitting around to pay a “Cash Bond” to the court. This is where a professional bondsman becomes essential.
1%, 2%, and 3% Bail Bonds: Lowering the Industry Standard
While many companies charge a flat 10% fee, Lipstick Bail Bonds provides more accessible options. Depending on the case and credit qualifications, they offer 1%, 2%, and 3% bail bonds. This means if bail is set at $10,000, you might only pay a fraction of what other bondsmen charge.
Interest-Free Financing and Flexible Payment Plans
Lipstick Bail Bonds understands that an arrest is an unplanned expense. They offer interest-free financing on approved credit (OAC). This allows families to pay a small down payment to get their loved one out today, while paying the remaining balance in manageable monthly installments.
No-Collateral Bonds for Qualifying Families
In many cases, Lipstick Bail Bonds can write “signature bonds” that do not require you to sign over your home or car title. If you have stable residency and employment, you may qualify for a no-collateral bond, reducing the risk to your personal assets.
Serving Georgetown, Austin, Round Rock, and Surrounding Areas
With deep roots in Central Texas, Lipstick Bail Bonds serves the entire region, including Georgetown, Taylor, Hutto, Cedar Park, and Austin. Their agents understand the local court systems, which helps speed up the release process.
Factors That Can Increase or “Enhance” Your Bail
Certain “aggravating factors” can cause a judge to set an unusually high bail for an evading charge:
- Previous “Failure to Appear” (FTA) History: If you have missed court dates in the past, the court will assume you will do it again.
- Use of Tire Deflation Devices: Using “spikes” or other tools to disable police cruisers during a chase leads to much higher bail and harsher penalties.
- Pending Charges: If you were already out on bail for another crime when you allegedly evaded arrest, the judge may deny bail entirely or set it at an unreachable amount.
Common Defenses to Evading Arrest Charges
Being charged is not the same as being convicted. Several legal defenses can be used to challenge a § 38.04 charge:
Lack of Knowledge
If the officer was in an unmarked vehicle or did not have their sirens/lights activated, you may not have known they were a peace officer. If you didn’t know you were being pulled over, you cannot be guilty of “intentionally” fleeing.
Unlawful Arrest or Detention
If the officer had no legal “reasonable suspicion” or “probable cause” to stop you in the first place, your attorney may move to have the evidence suppressed.
The “Safe Place to Stop” Defense
In Texas, if a driver does not immediately pull over but instead slows down, turns on their hazard lights, and continues to a well-lit, populated area (like a gas station) for safety, this can be a valid defense against “evading in a vehicle.”
How to Lower Your Bail Amount
If the initial bail set by the magistrate is too high, you have options.
Filing a Motion for Bail Reduction
Your defense attorney can file a formal motion asking the judge to lower the amount. They will argue that the current bail is “oppressive” and higher than necessary to ensure your appearance in court.
Demonstrating Community Ties to Reduce Flight Risk
A judge is more likely to lower bail if you can prove you aren’t going anywhere. Showing proof of a long-term job, family nearby, or owning property in the county works in your favor.
People Also Ask (FAQ)
Q: Can I get bail if I evaded in a motor vehicle? A: Yes. While evading in a vehicle is a felony, it is still a “bailable” offense in Texas. However, the amount will likely be higher than a foot pursuit because of the increased danger to the community.
Q: Is evading arrest the same as resisting arrest? A: No. Resisting arrest involves using force (like pulling away or fighting) to prevent an arrest. Evading arrest is simply the act of fleeing or running away. You can be charged with both simultaneously.
Q: How quickly can Lipstick Bail Bonds secure a release? A: Once the judge sets the bail and the paperwork is processed, Lipstick Bail Bonds can often secure a release in just a few hours. Their 24/7 availability ensures the process starts the moment you call.
Q: Will my driver’s license be suspended if I bail out? A: A conviction for evading arrest in a motor vehicle can lead to a license suspension, but simply bailing out of jail does not automatically trigger a suspension.
Q: Do you offer bilingual bail services? A: Yes. Lipstick Bail Bonds has a bilingual staff fluent in both English and Spanish to ensure language is never a barrier to freedom.
Q: What happens if I miss my court date after bailing out? A: If you fail to appear, your bail is forfeited, a warrant is issued for your arrest, and the bondsman may hire a recovery agent to find you. It is crucial to stay in contact with your bondsman.
Contact Lipstick Bail Bonds Today
When you are facing a charge under Texas Penal Code § 38.04, every minute counts. Don’t let a loved one sit in a cell longer than necessary. Lipstick Bail Bonds is your trusted ally in Williamson County, Bell County, and throughout Texas. With affordable 1%, 2%, and 3% options, interest-free financing, and 24/7 expert service, they make the bail process fast and stress-free.
Call Lipstick Bail Bonds now at 512-668-9000 or visit lipstickbailbondstexas.com to start your free 5-minute inmate search and get your loved one home today.