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

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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

Answers:

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

Answered 2 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.  


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