Dallas, TX asked in Criminal Law for Texas

Q: I ran from Oklahoma police into Texas. Oklahoma didn't file charges on me Texas did. Texas was never in the chase.

How can tx file on me when I evaded oklahoma

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1 Lawyer Answer
Michelle  Lugo
Michelle Lugo
Answered
  • Criminal Law Lawyer
  • Allen, TX
  • Licensed in Texas

A: This is a bit complex to answer because there is additional information needed to answer well. Whether or not Texas has legal grounds to charge you will depend on what all transpired after you entered Texas and what the State of Texas is charging you with. If it is evasion in Texas, then perhaps they are arguing they had to pursue you within the State after you crossed state lines. It is entirely possible that Oklahoma intends to charge you, but has not done so as of yet. That said, I have no Oklahoma license and will not speak to whether or not that is a possibility. Otherwise, as a general rule, if you were pursued into another state, Texas would have the right to arrest you depending on whether the pursuit were considered ongoing for legal purposes and whether Oklahoma asked for assistance. Typically in that case, however, Texas would have extradited you to Oklahoma based on a warrant Oklahoma would have issued. Please consider that a police report will be filed and should set forth the officers' reasoning for your arrest. I would be interested in a follow up to determine what the circumstances were as in some cases, you would be able to get the case dismissed for the arrest in Texas. Again, it will be fact dependent.

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