Texas Penal Code 38.16 – Preventing Execution of Civil Process

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/ Texas Penal Code 38.16 – Preventing Execution of Civil Process

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Texas Penal Code 38.16 – Preventing Execution of Civil Process

WHAT IS PREVENTING EXECUTION OF CIVIL PROCESS IN TEXAS?

The Texas law against preventing execution of civil process prohibits engaging in words or actions with the intent to inhibit civil process server’s execution of process in a civil cause.

WHAT IS THE PREVENTING EXECUTION OF CIVIL PROCESS LAW IN TEXAS?

Tex. Penal Code § 38.16. PREVENTING EXECUTION OF CIVIL PROCESS.

(a) A person commits an offense if he intentionally or knowingly by words or physical action prevents the execution of any process in a civil cause.

(b) It is an exception to the application of this section that the actor evaded service of process by avoiding detection.

WHAT IS THE PENALTY CLASS FOR PREVENTING EXECUTION OF CIVIL PROCESS IN TEXAS?

Preventing execution of civil process is a Class C misdemeanor, punishable by up to a $500 fine.

WHAT IS THE PUNISHMENT RANGE FOR PREVENTING EXECUTION OF CIVIL PROCESS IN TEXAS?

The punishment range for preventing execution of civil process, a Class C misdemeanor, is up to a $500 fine, and no jail time.

WHAT ARE THE PENALTIES FOR PREVENTING EXECUTION OF CIVIL PROCESS IN TEXAS?

A person charged with preventing execution of civil process may be placed on deferred adjudication for up to 180 days. The judge who defers further proceedings without finding the person guilty may require conditions of deferred adjudication, such as community service, counseling, or payment of any restitution.

WHAT ARE THE DEFENSES TO PREVENTING EXECUTION OF CIVIL PROCESS IN TEXAS?

The statute provides an exception to the offense for a person who evades service or avoids detection. This means that if a person hides from a process server rather than interacting—for example, by turning off all the lights and not answering the door—he may not be punished for preventing execution of civil process.

WHAT IS THE STATUTE OF LIMITATIONS FOR PREVENTING EXECUTION OF CIVIL PROCESS IN TEXAS?

The limitation period for preventing execution of civil process, a Class C misdemeanor, is two years.

PREVENTING EXECUTION OF CIVIL PROCESS IN TEXAS

Preventing the execution of civil process requires intentionally or knowingly inhibiting a process server’s attempts to execute service of process. The person must have actively engaged in conduct, through words or physical actions, that prevented service of process, rather than simply hiding or avoiding detection.

TEXAS PREVENTING EXECUTION OF CIVIL PROCESS COURT CASES

There is no case law regarding preventing execution of civil process in Texas. The only authority to shed light on the statute’s application is the Office of the Attorney General of Texas.

The Office of the Attorney General issued an opinion on this law in 2003, advising that private businesses may refuse entry to process servers and sheriffs, without being prosecuted under Section 38.16. In such a scenario, a process server may request authorization from a court to leave the citation at the location with anyone over 16 years of age.

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CHARGES DISMISSED

DRIVING WHILE INTOXICATED .15

Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.

CHARGES DISMISSED

DRIVING WHILE INTOXICATED .15+

Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest.

CHARGES DISMISSED

DWI 2ND

Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.

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