Penal Code § 38.04(b)(2)(a) · Third-degree felony

EVADING ARREST DET W/VEH

Evading Arrest Detention with Vehicle in Texas: what bail is set at, how often a personal bond is granted, and what usually happens to the charge.

$10,000
Median cash bail
6%
Released on personal bond
71,120
Bail records
40%
Not convicted
280 days
Median time to disposition

What “EVADING ARREST DET W/VEH” means

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 attempting lawfully to arrest or detain the accused. This third-degree felony filing under § 38.04(b)(2)(A) is the vehicle-flight variant: the State must prove the intentional flight, the accused's actual knowledge of the officer's status, the lawfulness of the attempted arrest or detention, and that the accused used a vehicle or watercraft while in flight. Overlapping 2011 amendments left § 38.04(b) with parallel vehicle provisions, and Texas courts have harmonized them to treat the use of a motor vehicle during flight as a third-degree felony without requiring proof of a prior conviction for evading; the use of the vehicle itself is the aggravating element that elevates the charge above misdemeanor flight on foot.

Charged asShare of bail recordsPossible confinementFineSource
Third-degree felony100% 2 to 10 years in prison (TDCJ) Fine up to $10,000 Penal Code § 12.34

Ranges are the statutory maximums for the level; enhancements, prior convictions and plea agreements change what is actually imposed.

Bail for EVADING ARREST DET W/VEH in Texas

Across 71,120 Texas bail settings for this charge (151 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $10,000 (middle half: $5,000 – $20,000). 6% of defendants were released on a personal bond, and bail was denied in 5,409 cases. When this was the only charge at booking (13,800 records), the median was $10,000 and 17% got a personal bond.

CountyRecordsMedian cash bailMiddle halfPersonal bondDenied
Tarrant 7,793 $5,000 $2,000 – $10,000 2% 5%
Dallas 7,580 $10,000 $5,000 – $25,000 0% 6%
Travis 4,551 $10,000 $5,000 – $15,000 15% 8%
Bexar 4,340 $10,000 $7,000 – $20,000 2% 13%
Harris 3,930 $15,000 $7,500 – $25,000 47% 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.

What usually happens to a EVADING ARREST DET W/VEH charge

Of 11,848 EVADING ARREST DET W/VEH charges filed 2019–2023 across 14 counties (Bastrop, Bell, Brazoria, Collin, Comal, Dallas, FortBend, Galveston, Harris, Hays, Montgomery, Rockwall, Travis, Williamson), 93% have reached a disposition:

40%
Not convicted (4,704)
Dismissed by the prosecutor21%
Dismissed after a diversion program2%
Dismissed, but convicted on a companion charge7%
Dismissed — refiled or handled in another case10%
No-billed by the grand jury0%
Acquitted at trial0%
30%
Deferred adjudication (3,566)
Deferred adjudication30%
30%
Convicted (3,511)
Guilty or no-contest plea28%
Plea to a lesser charge1%
Found guilty at trial0%
Convicted (plea vs. trial not recorded)1%

How long it takes: the median EVADING ARREST DET W/VEH charge took 280 days from filing to disposition (middle half: 136 – 514 days, 11,836 charges).

CountyDisposedNot convictedDeferredConvictedMedian days
Harris6,268 51%25%23% 326
Dallas2,200 29%42%29% 200
Collin856 14%45%41% 170
Montgomery327 31%25%44% 162
FortBend303 41%29%29% 428
Williamson250 30%26%44% 332
Rockwall165 13%32%55% 120

Outcome is the final disposition recorded on the charge. “Other” (67) 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.

Recent EVADING ARREST DET W/VEH cases

CaseCountyFiledDisposedOutcome
197533901010HarrisAug 5, 2026Aug 28, 2026Dismissed by the prosecutor
196638401010HarrisMay 30, 2026Aug 28, 2026Deferred adjudication
197021901010HarrisJun 27, 2026Aug 28, 2026Dismissed by the prosecutor
196776701010HarrisJun 10, 2026Aug 28, 2026Dismissed by the prosecutor
196634301010HarrisMay 30, 2026Aug 28, 2026Dismissed by the prosecutor
196838601010HarrisJun 14, 2026Aug 28, 2026Dismissed by the prosecutor
197579301010HarrisAug 8, 2026Aug 28, 2026Dismissed by the prosecutor
196604901010HarrisMay 28, 2026Aug 28, 2026Dismissed by the prosecutor
196937301010HarrisJun 21, 2026Aug 28, 2026Deferred adjudication
196956001010HarrisJun 23, 2026Aug 28, 2026Dismissed by the prosecutor

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Bail 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.