EVADING ARREST DETENTION W/VEH OR WATERCRAFT
Evading Arrest Detention with Vehicle or Watercraft in Texas: what bail is set at, how often a personal bond is granted, and what usually happens to the charge.
What “EVADING ARREST DETENTION W/VEH OR WATERCRAFT” 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 filing, cited to § 38.04(b)(1)(B), is the variant in which the accused used a vehicle or watercraft while in flight. The State must prove the intentional flight, the accused's knowledge that the pursuer was a peace officer or federal special investigator, the lawfulness of the attempted arrest or detention, and the use of the vehicle or watercraft during the flight. Use of a vehicle is what separates this charge from misdemeanor evading on foot; overlapping 2011 amendments to § 38.04(b) produced parallel vehicle-flight provisions, so the same conduct also appears on Texas court records cited to § 38.04(b)(2)(A).
| 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.
Bail for EVADING ARREST DETENTION W/VEH OR WATERCRAFT in Texas
Across 8,968 Texas bail settings for this charge (63 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $7,500 (middle half: $3,000 – $15,000). 5% of defendants were released on a personal bond, and bail was denied in 381 cases. When this was the only charge at booking (1,416 records), the median was $7,500 and 7% got a personal bond.
| County | Records | Median cash bail | Middle half | Personal bond | Denied |
|---|---|---|---|---|---|
| Travis | 770 | $10,000 | $5,000 – $15,000 | 22% | 6% |
| Tarrant | 531 | $2,500 | $1,500 – $5,000 | 4% | 3% |
| Collin | 519 | $5,000 | $2,500 – $10,000 | 2% | 0% |
| El Paso | 496 | $10,000 | $3,000 – $20,000 | 3% | 5% |
| Denton | 383 | $5,000 | $2,500 – $10,000 | 1% | 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.
How real EVADING ARREST DETENTION W/VEH OR WATERCRAFT cases ended
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
Related charges
- EVADING ARREST DETENTION § 38.04(b)
- EVADING ARREST DET W/VEH § 38.04(b)(2)(a)
- EVADING ARREST DET W/PREV CONVICTION § 38.04(b)(1)
- EVADE ARR DET W/VEH/WTRCFT W/PREV CONV OR SBI § 38.04(b)(2)(a,b)
- EVADING ARREST DET CAUSE SBI § 38.04(b)(2)(b)
Charged with EVADING ARREST DETENTION W/VEH OR WATERCRAFT?
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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.