QUESTION

Is it considered evading arrest if the officer tells you to stop when you're in motion but you were not placed under arrest to begin with?

Asked on Aug 08th, 2012 on Criminal Law - Texas
More details to this question:
If a cop asks you to leave a scene while dealing with someone else on a traffic stop and you begin to drive off, but then they tell you to stop after you're already in motion, is that evading arrest if you're not placed under arrest to begin with?
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1 ANSWER

Criminal Law Attorney serving Houston, TX
Partner at Thiessen Law Firm
3 Awards
If he tells you to stop and you leave, yes it's evading. You don't have to be under arrest to flea. Think about all the people that take off when the lights come on, they are not under arrest yet either.
Answered on Aug 15th, 2012 at 12:33 AM

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