Can a felon avoid jail time for evading arrest in a motor vehicle?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can a felon avoid jail time for evading arrest in a motor vehicle?

Has a felon from 2011 for drugs.
Recently caught an evading arrest in a
motor vehicle charge. They are in the
plea bargaining stage so far the DEA
has refused to come the two
incarceration. Will he more than likely
serve time?

Asked on May 15, 2019 under Criminal Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Because the felon has a prior history, the felon is technically not "probation" eligible.  This means that they cannot go to a jury and get probation.  That does not, however, mean that they cannot avoid jail/prison time.  Most of the time...the DA has to put an offer on the table that allows the defendant to avoid jail time.  If you have a lenient judge, then the defendant can basically throw themselves on the mercy of the court and ask for probation.  (The felon should visit with a couple of local defense attorneys to get a pulse on whether or not the local judges are tough or open to some leniency.)  Finally, the felon can avoid jail time completely by winning at trial and seeking a "not guilty."  This is usually the riskiest move that a defendant with a prior can utilize.  

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption