HINDERING APPREHENSION OR PROSECUTION. (a) A person commits an offense if, with intent to hinder the arrest, prosecution, conviction, or punishment of another for an offense or, with intent to hinder the arrest, detention, adjudication, or disposition of a child for engaging in delinquent conduct that violates a penal law of the state, or with intent to hinder the arrest of another under the authority of a warrant or capias, he: (2) provides or aids in providing the other with any means of avoiding arrest or effecting escape; or. How has COVID-19 Impacted DUI Enforcement in Texas? This crime is a class A misdemeanor which carries a maximum penalty of one year in jail and a fine up to $4,000. Sec. The law requires that you intentionally helped the person evade arrest or prosecution. 318, Sec. 900, Sec. Crimes Against Elderly Could be Classified as Hate Crimes, Deceptive Business Practices Laws in Texas, Manufacturing with Intent to Distribute Drugs, Possession Distribution Child Pornography. 38.13 | Sec. We will always provide free access to the current law. Texas Penal Code Section 38.04 - Evading Arrest or Detention It is not illegal to accidentally help a fugitive. Many states, like Texas and Missouri, provide specific defenses for those who warn a fugitive in connection with an effort to bring him into custody. The only reason I warned the other person of impending arrest or prosecution was to convince them to turn themselves in. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Hindering Apprehension or Prosecution. (a) A person commits an offense if, with intent to hinder the arrest, prosecution, conviction, or punishment of another for an offense or, with intent to hinder the arrest, detention, adjudication, or disposition of a child for engaging in delinquent conduct that violates a penal law of the state, or with intent to hinder the arrest of another under the authority of a warrant or capias, he: (2) provides or aids in providing the other with any means of avoiding arrest or effecting escape; or. 38.09 | Sec. 607 (H.B. (a) A person commits an offense if, with intent to hinder the arrest, prosecution, conviction, or punishment of another for an offense or, with intent to hinder the arrest, detention, adjudication, or disposition of a child for engaging in delinquent conduct that violates a penal law of the state, or with intent to hinder the arrest of another u. 2019 Texas Penal Code 38.05 - Hindering Apprehension or Prosecution The Texas law against hindering apprehension or prosecution prohibits intentionally assisting a wanted person's escape from arrest or prosecution in any manner, such as hiding a wanted person, warning the wanted person of police presence, or providing some other aid. This offense not only requires one of the behaviors described above, but also an intent to hinder arrest. 607 (H.B. (b) It is a defense to prosecution under Subsection (a)(3) that the warning was given in connection with an effort to bring another into compliance with the law. Texas Nowlin v. Texas (original by judge meyers) Annotate this Case Justia Opinion Summary Appellant was convicted of hindering apprehension after encouraging her boyfriend, Demarcus Degrate, to run from United States Marshals who were arresting him. According to online jail records, Lamar Nava is being held in the Montgomery County Jail on a felony charge of hindering the apprehension or prosecution of a known felony. "Hindering Apprehension or Prosecution", as per 38.05 of the Texas Penal Code, occurs when a person, with intent to hinder the arrest, prosecution, conviction, or punishment of another for an offense or, with intent to hinder the arrest, detention, adjudication, or disposition of a child for engaging in delinquent conduct that violates. Texas Penal Code 37.08(d). Acts 2005, 79th Leg., Ch. Texas Penal Code - PENAL 38.03 | FindLaw Another category deals with helping someone else evade arrest by providing them with aid. 38.16 | Sec. 8), Sec. (b) It is a defense to prosecution under Subsection (a)(3) that the warning was given in connection with an effort to bring another into compliance with the law. If someone you know has committed a crime, you may want to help them evade arrest, but trying to help your friend may get you in hot water, too. Heather Frances has been writing professionally since 2005. CHAPTER 38. To be convicted of hindering apprehension, you generally must have taken some action to deliberately help him evade arrest. Hindering apprehension is typically considered a misdemeanor offense, but it can be considered a felony, particularly if the fugitive you are helping committed a felony. Hindering apprehension or prosecution is intentionally aiding another to avoid arrest or prosecution. Re: Jamie Hallmark v. The State of Texas Hindering apprehension or KENTUCKY PENAL CODE Chapter 520. By submitting this form, you agree to receive telephone calls and text messages from Trey Porter Law. (d) An offense under this section is a felony of the third degree if the person who is harbored, concealed, provided with a means of avoiding arrest or effecting escape, or warned of discovery or apprehension is under arrest for, charged with, or convicted of a felony, including an offense under Section 62.102, Code of Criminal Procedure, or is in custody or detention for, is alleged in a petition to have engaged in, or has been adjudicated as having engaged in delinquent conduct that violates a penal law of the grade of felony, including an offense under Section 62.102, Code of Criminal Procedure, and the person charged under this section knew that the person they harbored, concealed, provided with a means of avoiding arrest or effecting escape, or warned of discovery or apprehension is under arrest for, charged with, or convicted of a felony, or is in custody or detention for, is alleged in a petition to have engaged in, or has been adjudicated as having engaged in delinquent conduct that violates a penal law of the grade of felony. However, the statute elevates the crime to a Third Degree Felony if the person that is being aided is charged with, under arrest for, or being prosecuted for a felony crime. Acts 2007, 80th Leg., R.S., Ch. Read this complete Texas Penal Code - PENAL 38.05. Booking Date: 6/21 . 38.08 | Sec. If you have been arrested and charged with a crime, the State is working on your conviction. Texas Penal Code Chapter 38 - Obstructing Governmental Operation On February 19, 2020, Tom Green County Sheriff's Office Criminal Investigation's Division in conjunction with the Concho County Sheriff's Office and Texas Rangers executed an arrest warrant on Cheyenne Taylor Bragdon (Warner), DOB 9/25/1997. (b) It is a defense to prosecution under Subsection (a)(3) that the warning was given in connection with an effort to bring another into compliance with the law. The prohibited actions include: Hindering apprehension or prosecution is customarily charged as a Class A misdemeanor, with penalties of up to one year in jail and/or $4,000 in fines. violates a penal law of the grade of felony. Client was a college student, worried about the collateral consequences of an alcohol offense. A conviction for hindering apprehension or prosecution requires proof that the person intended to interfere with or prevent the arrest of another for any offense. HINDERING APPREHENSION OR PROSECUTION. 38.10 | Sec. 593 (H.B. OBSTRUCTING GOVERNMENTAL OPERATION 38.05. 2023 LawServer Online, Inc. All rights reserved. Amended by Acts 1991, 72nd Leg., ch. For example, giving someone your car to escape the police would be an obvious example. Jan. 1, 1974. He was able to negotiate on her behalf so it was a pleasant experience. HINDERING APPREHENSION OR PROSECUTION. I recently hired Trey Porter Law to help our teenage daughter with a drug charge. The period of community supervision for a Class A misdemeanor hindering apprehension charge may not exceed two years. Client received no criminal conviction. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 900, Sec. Very thankful I got Trey Porter involved. Hes honest, transparent, doesnt beat around the bush, and will work tirelessly so that your clean record stays clean and unblemished. Hindering Apprehension or Prosecution in Texas - Clancy & Clancy You could be penalized with a range of punishments for your actions. Live updates: Texas shooting suspect Francisco Oropesa arrested - CNN You can explore additional available newsletters here. 03, 2023, 10:25 a.m. A state trooper vehicle passes a posted wanted sign for a mass shooting suspect. September 1, 2007. level isn't a mistake. September 1, 2007. Sign up for our free summaries and get the latest delivered directly to you. 38.01 | Sec. 38.15 | Sec. increasing citizen access. 5 stars, highly recommend! from you. 38.113 | Sec. 38.12 | Sec. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. This field is for validation purposes and should be left unchanged. Friday's hearing took all of abut 10 minutes, during which Judge Salvant gave some of the details of the complaint filed and said it. Current as of April 14, 2021 | Updated by FindLaw Staff. Acts 1973, 63rd Leg., p. 883, ch. The limitation period for hindering apprehension or prosecution charged as a Class A misdemeanor is two years. What Happens to Students Who are Arrested for Possession of Prescription Drugs? (a) A person commits an offense if, with intent to hinder the arrest, prosecution, conviction, or punishment of another for an offense or, with intent to hinder the arrest, detention, adjudication, or disposition of a child for engaging in delinquent conduct that violates a penal law of the state, or with intent to hinder the arrest of another under the authority of a warrant or capias, he: (2) provides or aids in providing the other with any means of avoiding arrest or effecting escape; or. Lying to police does not automatically satisfy the elements, but the defendants intent was reasonably clear under the circumstances. entrepreneurship, were lowering the cost of legal services and HINDERING APPREHENSION OR PROSECUTION. Its time to start building your defense. More about our Notable Victories and Press, Attorney Advertising. What is the time on hindering apprehension in the second degree for the a. The attorney was convicted of hindering apprehension or prosecution, and the appellate court affirmed. Sept. 1, 1994; Acts 1995, 74th Leg., ch. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Our firms criminal defense lawyers have extensive experience defending c, Attorney and Lawyer Gary Kollin is an expert and specialist in criminal def. -- Tonya Couch, the mother of "affluenza" teen Ethan Couch, has been indicted by a grand jury in Texas on charges of hindering apprehension of a known felon and money laundering, court . (a) A person commits an offense if, with intent to hinder the arrest, prosecution, conviction, or punishment of another for an offense or, with intent to hinder the arrest, detention, adjudication, or disposition of a child for engaging in delinquent conduct that violates a penal law of the state, or with intent to hinder the arrest of another u. During the free, confidential consultation, Mr. Porter will answer questions surrounding your legal matter, and discuss and identify potential defenses. 38.151 | Sec. 1, eff. (c) An offense under this section is a Class A misdemeanor, means of avoiding arrest or effecting escape; or I highly recommend Trey Porter!! (a) A person commits an offense if, with intent to hinder the arrest, prosecution, conviction, or punishment of another for an offense or, with intent to hinder the arrest, detention, adjudication, or disposition of a child for engaging in delinquent conduct that violates a penal law of the state, or with intent to hinder the arrest of another . We hope this is the clearest way to present [contact-form-7 id="70" title="Contact form 1"], Texas Penal Code 38.16 Preventing Execution of Civil Process. If you are being charged with aiding a felon, your charges for hindering . If the hindering apprehension is charged as a third degree felony, the limitation period is three years. ^1. This site is protected by reCAPTCHA and the Google, There is a newer version (1) harbors or conceals the other; warns the other of impending discovery or apprehension. (2) provides or aids in providing the other with any After review of the traffic stop, it was clear the officer lacked probable cause for arrest. I had faith in him and he continued to prove his expertise by helping me. 38.07 | Sec. (d) An offense under this section is a felony of the third degree if the person who is harbored, concealed, provided with a means of avoiding arrest or effecting escape, or warned of discovery or apprehension is under arrest for, charged with, or convicted of a felony, including an offense under Section 62.102, Code of Criminal Procedure, or is in custody or detention for, is alleged in a petition to have engaged in, or has been adjudicated as having engaged in delinquent conduct that violates a penal law of the grade of felony, including an offense under Section 62.102, Code of Criminal Procedure, and the person charged under this section knew that the person they harbored, concealed, provided with a means of avoiding arrest or effecting escape, or warned of discovery or apprehension is under arrest for, charged with, or convicted of a felony, or is in custody or detention for, is alleged in a petition to have engaged in, or has been adjudicated as having engaged in delinquent conduct that violates a penal law of the grade of felony. Join thousands of people who receive monthly site updates. Recent Booking / Mugshot for Yolissa Hernandez in Kendall County, Texas Acts 2007, 80th Leg., R.S., Ch. The Texas Penal Code, in Section 38.05, makes it a violation of the law to engage in certain intentional acts for the purpose of hindering the arrest, prosecution, conviction or punishment of another person, including the detention, adjudication or disposition of a minor charged with delinquent conduct. Because the statute specifically states this as a defense, you and your criminal defense attorney must raise this issue as a defense to show that the purpose of your warning was to effect such an outcome. Hindering Apprehension or Prosecution. - Justia Law For a third degree felony hindering apprehension or prosecution, the term of community supervision may not exceed ten years. A young executive, client was concerned that a criminal conviction for DWI would result in termination. Texas Sheriff To "Affluenza" Mom: This Is Jail, Not A Resort New Policy Requires Release of Incident Videos Within Three Days, Crime Rates Change Drastically Due to COVID-19, Most Common Reasons A DUI Case May Be Dismissed, What You Need to Know About Confusing CBD, Hemp, Medical Marijuana Laws, New Texas Law Criminalizes Universities' Failure to Report Sexual Misconduct. 11, eff. Client is a public school teacher and faced immediate termination upon conviction. Have you been charged with Hindering Apprehension or Prosecution? The charge was later expunged and deleted from clients record. (a) A person commits an offense if, with intent to hinder the arrest, prosecution, conviction, or punishment of another for an offense or, with intent to hinder the arrest, detention, adjudication, or disposition of a child for engaging in delinquent conduct that violates a penal law of the state, or with intent to hinder the arrest of another under the authority of a warrant or capias, he:(1) harbors or conceals the other;(2) provides or aids in providing the other with any means of avoiding arrest or effecting escape; or(3) warns the other of impending discovery or apprehension. or detention for, is alleged in a petition to have engaged in, or (a) A person commits an offense if, with intent to hinder the arrest, prosecution, conviction, or punishment of another for an offense or, with intent to hinder the arrest, detention, adjudication, or disposition of a child for engaging in delinquent conduct that violates a penal law of the state, or with intent to hinder the arrest of another under the authority of a warrant or capias, he:(1) harbors or conceals the other;(2) provides or aids in providing the other with any means of avoiding arrest or effecting escape; or(3) warns the other of impending discovery or apprehension. HINDERING APPREHENSION OR PROSECUTION. The range of punishments available for those who hinder apprehension also varies by state and by the type of crime the fugitive committed, but available penalties generally include jail time and fines. legal advice regarding a criminal matter in the state of Texas, please The final category is warning someone of impending discovery or apprehension. Indiana Petition for Waiver of Reinstatement Fee, 28 CFR Part 12 - Registration of Certain Persons Having Knowledge of Foreign Espionage, Counterespionage, or Sabotage Matters Under the Act of August 1, 1956, U.S. Code > Title 18 > Part I > Chapter 18 - Congressional, Cabinet, and Supreme Court Assassination, Kidnapping, and Assault, U.S. Code > Title 18 > Part I > Chapter 84 - Presidential and Presidential Staff Assassination, Kidnapping, and Assault, California Codes > Penal Code > Part 1 > Title 3 - OF OFFENSES AGAINST THE SOVEREIGNTY OF THE STATE, California Codes > Penal Code > Part 1 > Title 5 - OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE, California Codes > Penal Code > Part 1 > Title 6 - OF CRIMES AGAINST THE LEGISLATIVE POWER, California Codes > Penal Code > Part 1 > Title 7 - OF CRIMES AGAINST PUBLIC JUSTICE, Connecticut General Statutes > Chapter 942 - Offenses Against Public Justice, Florida Statutes > Chapter 838 - Bribery; Misuse of Public Office, Florida Statutes > Chapter 839 - Offenses by Public Officers and Employees, Missouri Laws > Chapter 575 - Offenses Against the Administration of Justice, Missouri Laws > Chapter 576 - Offenses Affecting Government, New York Laws > Penal > Part 3 > Title L - Offenses Against Public Administration, Tennessee Code > Title 39 > Chapter 16 - Offenses Against Administration of Government, Texas Penal Code > Title 8 - Offenses Against Public Administration. Client refused breath test and forced law enforcement to obtain search warrant for blood. Sept. 1, 1995. 1.01, eff. (c) Except as provided by Subsection (d), an offense under this section is a Class A misdemeanor. Can I still be charged with the felony level of this crime? 607 (H.B. 748, Sec. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. However, state laws on hindering apprehension are generally broad, meaning that most activities that help a fugitive delay or avoid arrest or prosecution are illegal. What Should Texans Know About No Refusal DWI Initiatives? ESCAPE AND OTHER OFFENSES RELATING TO CUSTODY Contact Us 1217 Prairie St. Unit 201 Houston, TX 77002 has been adjudicated as having engaged in delinquent conduct that Texas Penal Code Section 38.05 - Hindering Apprehension or Prosecution The prohibited actions include: sections like this, we add a button to indicate that the blank outline (d) An offense under this section is a felony of the third degree if the person who is harbored, concealed, provided with a means of avoiding arrest or effecting escape, or warned of discovery or apprehension is under arrest for, charged with, or convicted of a felony, including an offense under Section 62.102, Code of Criminal Procedure, or is in custody or detention for, is alleged in a petition to have engaged in, or has been adjudicated as having engaged in delinquent conduct that violates a penal law of the grade of felony, including an offense under Section 62.102, Code of Criminal Procedure, and the person charged under this section knew that the person they harbored, concealed, provided with a means of avoiding arrest or effecting escape, or warned of discovery or apprehension is under arrest for, charged with, or convicted of a felony, or is in custody or detention for, is alleged in a petition to have engaged in, or has been adjudicated as having engaged in delinquent conduct that violates a penal law of the grade of felony. Mother of 'Affluenza' Teen Ethan Couch Charged With Hindering Hindering apprehension is a third degree felony, punishable by two to ten years in prison, if a person knowingly hinders apprehension of another who is under arrest for, charged with, or convicted of a felony. I thought i was going to lose my job, but trey did everything in his power to help me keep my way of life, and still keeps up with me any details on my case. Wife of Texas mass shooting suspect arrested for hindering apprehension intentionally left blank by its authors. Trey Porter fought for me! Jail Time and Fines The range of punishments available for those who hinder apprehension also varies by state and by the type of crime the fugitive committed, but available penalties generally include jail time and fines. Booking Number: 09901-2023. (a) A person commits an offense if, with intent to hinder the arrest, prosecution, conviction, or punishment of another for an offense or, with intent to hinder the arrest, detention, adjudication, or disposition of a child for engaging in delinquent conduct that violates a penal law of the state, or with intent to hinder the arrest of another u. He was prompt, professional and poised. 11, eff. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. As you can see when you read it, this is a misdemeanor, unless the person you are alleged to have harbored from the law has a felony against him.Then, it becomes a felony of the third degree. (a) A The Hindering Apprehension or Prosecution ("Hindering Inhaftieren") crime in the state of Texas gives police executive one right to arrest you if they believe have knowingly assist someone else avoided entity arrested, detention, either pursued from local authorities.That punishment for this offense ranges from one Class A Misdemeanor to a Third Grade Felony, depending on the specific . A person commits an offense if, with purpose to hinder the detention, apprehension, investigation, prosecution, conviction or punishment of another for an offense or violation of Title 39 of the Revised Statutes or a violation of chapter 33A of Title 17 of the Revised Statutes he: (1)Harbors or conceals the other; (3) warns the other of impending discovery or apprehension. 38.01 Definitions 38.02 Failure to Identify 38.03 Resisting Arrest, Search, or Transportation 38.04 Evading Arrest or Detention 38.05 Hindering Apprehension or Prosecution 38.06 Escape 38.07 Permitting or Facilitating Escape 38.08 Effect of Unlawful Custody 38.09 Implements for Escape 38.10 Bail Jumping and Failure to Appear 38.11 In the state of Texas she was being charged as an adult which carried a much stiffer penalty. State was forced to dismiss on day of trial. Tex. HINDERING APPREHENSION OR PROSECUTION. Hindering Apprehension or Prosecution | San Antonio Criminal Defense Court documents reveal new information in Probationary Police Officer 38.17 | Sec. Sept. 1, 1994; Acts 1995, 74th Leg., ch. She was 25 years old on the day of the booking. He has also developed groundbreaking innovations in defense strategies and tactics. Prior Results Do Not Guarantee a Similar Outcome. that the warning was given in connection with an effort to bring (3) warns the other of impending discovery or apprehension. In Texas, the crime of hindering apprehension or prosecution, also known as hindering prosecution, is defined as intentionally obstructing, impeding, or preventing the arrest of another person with the knowledge that the person committed an offense.. Hindering apprehension or prosecution. - Justia Law