There is no doubt that being arrested is a challenging and difficult situation. When a person is apprehended for suspicion of a crime, certain accusations can be made that have to do with the arrest itself. Even if not charged with the crime for which you were arrested, you could face charges for resisting arrest, evading arrest or failure to identify.
An experienced criminal defense attorney who is familiar with the details of Texas’ laws surroundings arrests can help you fight these allegations. You constitutional rights may have been violated during your arrest, or you may have been detained based on a simple misunderstanding. In order to establish your motivations and protect your rights, the aid of a lawyer in imperative.
Defense Attorney for Austin Arrests
Kevin Bennett knows that an aggressive approach is necessary to defend you against these allegations and defend your rights. Texas’ legal system can be confusing and overwhelming, but he is determined to take on even the most challenging of cases and help his clients through every step of the process ahead of them.
Call The Law Office of Kevin Bennett today at (512) 476-4626 to schedule your free consultation. The Law Office of Kevin Bennett represents clients arrested in Travis County, including in Austin, Lakeway and Rollingwood.
Travis County Arrest Information
- Probable Cause is Required for an Arrest
- What Does a Charge of Resisting Arrest Include?
- What is Considered Evading Arrest?
- The Definition of a Failure to Identify Offense
Probable Cause is Required for an Arrest
In order for an officer to receive a warrant to arrest an individual, or to arrest them without a warrant, the Fourth Amendment of the Constitution requires that they must have what is called “probable cause.” This means that there must be a certain amount of compelling evidence to support the suspected offender’s arrest.
Probable cause is established through objective, factual circumstance, not gut-feelings or suspicions. This means that an officer cannot arrest someone based purely on a hunch or how a person looks. A general requirement would be a level of proof that is more than just suspicion but does not have to prove the person’s guilt beyond a reasonable doubt.
In the event of a warrant being issued for an individual, however, that person can be arrested at any time.
What Does a Charge of Resisting Arrest Include?
Facing an arrest is an incredibly stressful and emotional event. If an alleged offender provides unnecessary problems for the arresting officers, they may also be charged with resisting arrest. This offense covers a range of scenarios, including attempting to flee from an officer while he or she is attempting to take you into custody, fighting with law enforcement, or generally being unwilling to cooperate.
Whether the charge is the result of a misunderstanding or a moment of heightened emotion, it carries serious consequences. On top of the charges that the arrested individual faces, resisting arrest constitutes a Class A misdemeanor, which carries the potential for up to 1 year in prison and up to $4,000 in fines. Depending on the nature of the offense, it can even interfere with your auto insurance rates, as you will be labeled a high-risk client.
What is Considered Evading Arrest?
Evading arrest is a charge that is largely used in situations involving motor vehicles, but can also apply to those on foot. This serious offense entails an individual intentionally flees from law enforcement officials to avoid being arrested or searched. Those who attempt to outrun police cars face this offense, but it can also be the result of a misunderstanding.
With so many distractions in our vehicles and cars more sound-proof than ever, it is becoming increasingly understandable for an individual to simply fail to notice an officer’s signal to pull over. In addition any other violations, a disgruntled officer may add on a charge of evading arrest even though that was not your intention. In a scenario like this, an attorney can help establish your motives, which are key to fighting this serious offense.
The Definition of a Failure to Identify Offense
Texas law requires that a person who has been lawfully detained must provide their name, address, and/or date of birth to the arresting officer. If an alleged offender does not comply, they may face a charge of “failure to identify”. This offense actually covers instances of intentionally refusing to provide te request information, or willfully providing false information.
This charge can be classified as a Class A, B, or C misdemeanor depending on the circumstances, all of which carry the potential for jail time and fines. It is important to note that this law only applies to those that have been legally detained, meaning that law enforcement must have reason to suspect that the person has committed or intend to commit a crime in order to detain them and demand this information. This offense frequently accompanies other charge, and an attorney can help defend you against this serious addition to your challenging situation.
Building the Best Defense for Those Arrested in Travis County
If you’ve been arrested in Austin or anywhere in Travis County and charged with an offense relating the arrest itself, then a criminal defense lawyer can help fight those charges, whether they be resisting or evading arrest or failure to identify. Call The Law Office of Kevin Bennett today at (512) 476-4626 to set up a free consultation.
