EVADING ARREST DET W/PREV CONVICTIONTexas Penal Code (PC) § 38.04(b)(1)
“EVADING ARREST DET W/PREV CONVICTION” stands for Evading Arrest Detention with Previous Conviction, a state jail felony under Texas Penal Code (PC) § 38.04(b)(1). It is punishable by 180 days to 2 years in a state jail and a fine up to $10,000.
Below: how these cases end in Texas courts, how long they take, and the punishment.
What does “EVADING ARREST DET W/PREV CONVICTION” mean?
“EVADING ARREST DET W/PREV CONVICTION” stands for Evading Arrest Detention with Previous Conviction, a state jail felony under Texas PC § 38.04(b)(1).
Texas Penal Code § 38.04 defines evading arrest or detention: intentionally fleeing from a person the accused knows is a peace officer or federal special investigator who is attempting lawfully to arrest or detain the accused. This state jail felony filing under § 38.04(b)(1) is the repeat-offense variant: the State must prove the elements of evading — intentional flight, actual knowledge of the officer's status, and a lawful attempted arrest or detention — and must also show that the accused has previously been convicted of evading arrest or detention under the same section. The prior conviction operates as an element that raises the grade of the charge above the base Class A misdemeanor form of flight on foot, and it distinguishes this variant from the vehicle-flight and injury-based felony forms graded under § 38.04(b)(2).
What usually happens to a EVADING ARREST DET W/PREV CONVICTION charge?
51% ended without a conviction, 4% in deferred adjudication and 44% in a conviction.
How 2,437 resolved EVADING ARREST DET W/PREV CONVICTION charges filed 2019–2023 ended, across 12 counties (Bastrop, Brazoria, Collin, Comal, Dallas, FortBend, Harris, Hays, Montgomery, Rockwall, Travis, Williamson):
| County | Resolved | Not convicted | Deferred | Convicted | Median days |
|---|---|---|---|---|---|
| Harris | 1,690 | 61% | 2% | 37% | 192 |
| Dallas | 194 | 35% | 18% | 46% | 68 |
| Collin | 144 | 8% | 11% | 81% | 166 |
| Montgomery | 133 | 30% | 1% | 69% | 86 |
Outcome is the final disposition recorded on the charge. “Other” (16) covers waived counts, bond forfeitures, transfers and unrecorded outcomes. Bexar County records disposition dates but not outcomes, so it counts toward time-to-disposition only. Tarrant County criminal records are not in this dataset.
How long does a EVADING ARREST DET W/PREV CONVICTION case take to resolve?
Typically about 6 months: half of resolved cases closed within 173 days of filing.
Across 2,436 resolved EVADING ARREST DET W/PREV CONVICTION charges filed 2019–2023, the median time from filing to disposition was 173 days. The middle half took between 64 and 353 days.
Time depends on the county's docket, whether the case is set for trial, and plea negotiations.
How did real EVADING ARREST DET W/PREV CONVICTION cases end?
Individual cases from the public court record, with the disposition and sentence text exactly as the clerk entered it. Every case is decided on its own facts.
Ended without a conviction
Deferred adjudication
Ended in a conviction
What is the punishment for Evading Arrest Detention with Previous Conviction in Texas?
180 days to 2 years in a state jail and a fine up to $10,000.
| Charged as | Possible confinement | Fine | Source |
|---|---|---|---|
| State jail felony | 180 days to 2 years in a state jail | Fine up to $10,000 | Penal Code § 12.35 |
Ranges are the statutory maximums for the level; enhancements, prior convictions and plea agreements change what is actually imposed.
How much is bail for EVADING ARREST DET W/PREV CONVICTION in Texas?
The median bail is $6,000, and 4% of defendants were released on a personal bond.
Across 20,192 Texas bail settings for this charge (84 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $6,000 (middle half: $3,000 – $15,000). 4% of defendants were released on a personal bond, and bail was denied in 1,267 cases. When this was the only charge at booking (2,984 records), the median was $5,000 and 15% got a personal bond.
| County | Records | Median cash bail | Middle half | Personal bond | Denied |
|---|---|---|---|---|---|
| Tarrant | 2,263 | $3,000 | $1,500 – $6,000 | 0% | 3% |
| Dallas | 2,181 | $10,000 | $3,500 – $20,000 | 0% | 6% |
| Bexar | 2,003 | $5,000 | $3,500 – $10,000 | 2% | 9% |
| Travis | 1,941 | $7,000 | $4,000 – $10,000 | 13% | 3% |
| Harris | 748 | $5,000 | $2,500 – $10,000 | 49% | 1% |
Showing the 5 counties with the most records; use the selector for any county with at least 30. Per-charge bond settings on original magistrations, from Texas OCA bail reporting under SB 6. Bail is set case by case — these are statistics, not a prediction.
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Find a Defense AttorneyBail data: Texas Office of Court Administration magistration reports (SB 6), Apr 2022 – Jun 2025. Court outcomes: county district and county clerk records. Statistics describe past cases and are not legal advice; every case is decided on its own facts.