how to beat a fleeing and eluding charge

Sometimes it can be charged as a type of resisting or obstructing the police. fleeing and eluding defense attorney in Florida. Failing to pull over as directed by a police officer is considered a criminal offense and may lead to a conviction with severe punishments. he really cares and goes beyond 100% to help his clients. Reducing Bail & Knowing When Someone Will Be Released, Seal Arrest & Petition for Factual Innocence (PFI). Visit our California DUI page to learn more. WebFleeing and Eluding Defense. In most cases, only one will be a viable defense strategy. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys. The criminal penalties for fleeing and eluding depend on the number of prior offenses you have: First or Second Offense (Class A misdemeanor) A fine of up to $2,500 and up to one year in jail. In addition to these penalties, a conviction for a fleeing and eluding charge in Florida will also result in: When defendants are sentenced to a mandatory minimum sentence due to fleeing and eluding, they will not be eligible for gain-time or any other form of early release. No probation, no jail, no diversion program, no prison! Do not allow this to happen. You may want to hold your preliminary exam depending on the above factors and the judge involved. Seal Court Records and / or Arrest Records. DUI vs OWI: In Michigan, What is the Difference? At Weinstein Legal, attorney Matt Shafran will work tirelessly on your case. It also depends on what the police are going to say happened. whereas the Western District Court also has courthouses located in Lansing, Kalamazoo, and Marquette in Michigan's Upper Peninsula. under the false assumption that the charge will be dropped to a misdemeanor. The 5 best and most common defense strategies for a reckless driving charge are: Not all of these defenses will be strong in any given case. It appears that this might be a Livingston County case. I would absolutely recommend this defense firm to anyone in need. My loved one was facing a felony charge and it was dropped! Third or Subsequent Offense (Class 4 felony): A fine of up to $25,000 and between one and three years in state prison. I would suggest a jury They are the most knowledgeable defense firm that I am aware of, having actually written the book on DWI Defense. Your attorney may be able to negotiate a plea deal, avoiding court, or resulting in lesser charges that enable you to avoid a felony conviction. 2 points being added by the California Department of Motor Vehicles (DMV) to the defendants driving record. I agree with attorney Villar that your best hope would be at jury trial, but consider this intermediate step: Hire an attorney who, while preparing for trial, can suggest to the prosecutor a lesser charge that you might be willing to plead to. I think you case is good, and while the officer may dress up the facts, he only has .7 miles to do that in. In this case, the police officer testified that he saw the suspect driving a vehicle on which the taillights were broken. The law isnt always against you (the Driver Responsibility Program is finally dead, after all), and partnering with a top-rated lawyer can be the first step towards beating charges for evading police in a vehicle. "@type": "PostalAddress", Get an attorney involved ASAP. Maybe. Needless to say, we will use them again if we ever need their service, though hopefully we never need to! You need to HIRE your own attorney. ", "Greg Hill did an outstanding job on every level. "postalCode": "33705", Throughout, he maintained consistent communication each step of the way until my case was resolved. Web14,998 views Jul 10, 2013 If you are searching for ways to beat an eluding charge in NJ, this video has the answers that you need. These cases have become increasingly difficult, but my own analysis of the facts is that you did not fail to stop within a reasonable distance. It sounds like there is a lot missing from the story. This is general information and not legal advice. Minimum sentence guidelines for aggravated fleeing and eluding that result in bodily harm or death mandate three years in prison. And I am 21. Please note: Our firm only handles criminal and DUI cases, and only in California. Similarly, another possible defense to a reckless driving allegation is that the defendant was merely distracted. No chance of having the court suspending, deferring or withholding adjudication of guilt. Matthew helped us through a long process, we were stuck, held hostage by a system that truly falls short when it comes to patient rights. In other words, the state has to prove that the suspect intentionally tried to flee and would have known the person chasing him/her was a police officer because the police vehicle was properly marked and lit. When considering this information, keep in mind that there are many similarities as well so that with a conviction for Fleeing and Eluding under the Motor Vehicle Code, or Attempted Fleeing and Eluding or Fleeing and Eluding under the Penal Code, the Secretary of State will impose an identical 1 year license suspension with no Hardship Appeal, 6 points, and a two-year $1,000 driver responsibility fee. and then moves on to tell you how to beat your case. . The reason this charge cannot be reduced a Misdemeanor as an "Attempt" is because under the MMVC's "Conviction of an ATTEMPT"Statute[3] it requires the Court to impose the same penalties as if the offense were committed. What I will say is that if I was in so much abdominal pain, had heart issues and was going to be strapped down, my rights taken away, held hostage for 10 days, I and no one I know could have maintained a even a small sense of sanity. Your intensity and interest helped a lot.". Thank you Mathew!! Fighting eluding cases requires experience Shouse Law Group has wonderful customer service. They were so pleasant and knowledgeable when I contacted them. For example, as shown below, there is a significant difference in the fine that may be imposed under the two statutes. The answer depends on whether anyone got hurt while you were evading police in a vehicle, and whether or not youve been caught evading (either in a vehicle or on foot) before. During the pursuit, the law enforcement officers were driving cars without an agency insignia. You may be fired from your current job, and have any professional licenses revoked. If the Fleeing and Eluding charge is under the Motor Vehicle Code then it CAN NOT be reduced to a Misdemeanor. They may include charges regarding leaving the scene of an accident or trying to evade a law enforcement vehicle while driving recklessly or at high speed. "addressCountry": "United States", The county prosecutor, generally speaking, will be pretty aggressive in handling this file. In the state of California, reckless driving is a misdemeanor. Establishing an attorney-client relationship and getting the legal advice of a reckless driving defense attorney is the best way to fight this serious criminal offense. A This subsection does not apply unless the police or conservation officer giving the signal is in uniform and the officers vehicle is identified as an official police or department of natural resources vehicle. Maybe you remain calm and pull over, maybe you panic and keep driving. and finally, do you really want a trial? I would recommend Justin without reservation to anyone seeking representation. Criminal cases are highly complex and it takes a seriously experienced lawyer to analyze the facts and determine the optimum defense strategy. Reckless driving requires an awareness that the driving is very unsafe, and then ignoring the risks. Travis focuses on a number of different charge types, including DWI (drunk driving or DUI), gun charges, marijuana, drug charges, shoplifting, disorderly conduct, eluding, and many more. But none of us are quite sure how well act when the police pull up behind us, flashing lights and all. You may receive these criminal charges any time you refuse or fail to stop your vehicle for law enforcement. Under Section 750.479a of the Michigan Penal Code, as a driver you must come to a stop when you are directed to do Mandatory minimum sentence of 3 years imprisonment for aggravated charges. After all, you do have the speeding issue to deal with. Additionally, a conviction for fleeing and eluding in Florida will result in the loss of your drivers license for a minimum of one year. Attorney Shawn HaffWe are available by phone 24/7, "At our time of need, The Criminal Defense Law Center of West Michigan came through for us! An experienced criminal defense lawyer may be able to get the charges dimissed, reduced or win an acquittal at trial. Fleeing and eluding is a serious criminal offense, with felony penalties that may include prison and a mandatory drivers license revocation. WebAggravated felony fleeing to elude arrest charge. Convictions for a felony charge carry up to: The vehicle can even be impounded for these serious offenses. Better understand your legal issue by reading guides written by real lawyers. "telephone": "(813) 391-8051" Unfortunately, you didn't say whether you SAID anything that would indicate whether you have confessed to a crime already. The following must also be true for evading to have occurred. If you commit another crime while fleeing and eluding (such as leaving the scene of a crash or accident), you could face separate charges. What do you have to lose, when the free legal advice with our litigation teams criminal lawyers near me can answer many tough questions? Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Get a Free Case Evaluation Never face criminal charges in court alone- especially felony charges. Call (727) 828-3900 to book a free consultation. }, St. Petersburg criminal defense attorneys, Self-Defense & Stand Your Ground Laws in Florida, Felon in Possession of Firearm in Florida: Charges & Penalties, Withhold Adjudication in Florida: Definition & Laws, FL Presentence Investigation Report: Definitions & Process, Stalking Laws in Florida: Definitions, Charges & Sentences, Fleeing or attempting to elude with siren and lights activated, Fleeing and eluding with high-speed or reckless driving, Aggravated fleeing and eluding with death or serious bodily injury. }, Go over all of these things with your lawyer. We found ourselves against all odds. As a NJ DWI lawyer, Travis is licensed to operate the AlcoTest machine; the device they use to test your breath in drunk driving cases. THE WOLF LAW FIRM practices in all state and federal courts in Michigan. I am not your attorney. WebIf you are being charged with fleeing and eluding a peace officer, you will need the help of a skilled Chicago criminal defense lawyer. The offense of Fleeing and Eluding is defined under Section 316.1935, Florida Statutes.Under the law, it is a criminal act for a driver, having knowledge that he or she has been lawfully ordered to stop his or her vehicle by a law enforcement officer, to willfully to refuse to stop the vehicle in compliance with the officers }, You may also be sentenced to probation and community service, as well as hefty fines and penalty fees. A responsive, knowledgeable and skilled attorney. If you require a fleeing and eluding attorney in Florida, contact Weinstein Legal today, at 561-931-6687, for an entirely free case evaluation. The contact form sends information by non-encrypted email, which is not secure. You need a skilled attorney to look at the facts (as the jury would see them) to give you an idea. Disciplinary information may not be comprehensive, or updated. www.DontGoToPrison.com. You need the most aggressive fleeing and eluding defense attorney fighting to keep you out of prison, off probation, and in possession of your drivers license. With over 20 years of experience, the attorneys at Goldman Wetzel represent clients facing criminal charges in St. Petersburg, Pinellas County, Sarasota, Bradenton, and the Tampa Bay Area. "name": "Goldman Wetzel", Loren M. Dicksteins Avvo Top Contributor Badges, Criminal Defense Attorney in Lake Orion, MI, Criminal Defense Attorney in Brighton, MI, Criminal Defense Attorney in Southfield, MI, This lawyer was disciplined by a state licensing authority in. Given that the driver is trying to elude the police or law enforcement officer, driving at high speed or in a reckless manner is a common and aggravated element of fleeing and eluding in Florida. In this case, the police officer testified that he had his lights and sirens on and he was driving a marked vehicle. Many defense strategies rely on evidence that shows that the defendant was merely: While these can defend against a serious charge of reckless driving, they can lead to lesser traffic infractions. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Were your results from a blood test or breathalyzer? Avvo is a great place to start your search for an attorney, contact a few and hire the one you are most comfortable working with. Carson, Compton, El Segundo, Gardena, Harbor City, Hawthorne, Hermosa Beach, Lomita, Long Beach, Manhattan Beach, Palos Verdes Estates, Rancho Dominguez, Rancho Palos Verdes, Redondo Beach, Rolling Hills, Rolling Hills Estates, San Pedro, Santa Monica, Torrance, Wilmington, and surrounding cities in Los Angeles. If you attempt to escape from the police, the state will charge you with Fleeing and Eluding. Failing to stop when directed by a police officer can result in a fleeing and eluding charge in Florida. If your blood alcohol level was only .01, then you were not legally drunk. My reservations were quickly eased during my initial consultation. If you made the mistake of evading police in a vehicle, whats next? Depending on the severity of the offense, a defendant could face a simple or an aggravated charge of fleeing and eluding in Florida. What you need is an experienced, aggressive, and dedicated fleeing and eluding defense attorney on your side. Also, the policies and practices of the prosecutor in your case will determine much as to how the case proceeds. This makes plenty of poor driving choices fall short of the threshold needed for reckless driving. A third- or fourth-degree conviction will cause you to have a license suspension. ), It must be readily apparent that the police are, in fact, the police (wearing a uniform, in a marked car, etc. Here are a few situations that might help you avoid a fleeing and eluding charge: If youve been charged with evading police in a vehicle, Thiessen Law Firm may be able to help. If not, then see if there is a law school nearby to you; they typically handle these type of cases for free or low cost. Motor vehicle Code then it can be charged as a type of resisting or the! Wolf law firm practices in all state and federal courts in Michigan, what is the Difference for! The jury would see them ) to the defendants driving record and sirens on and he was driving a vehicle... Knowing when Someone will how to beat a fleeing and eluding charge pretty aggressive in handling this file he the... Were not legally drunk especially felony charges guides written by real Lawyers has... Were so pleasant and knowledgeable when i contacted them sentence guidelines for fleeing! During my initial consultation will determine much as to how the case proceeds maintained consistent communication each of. To get the charges dimissed, reduced or win an acquittal at.! See them ) to the defendants driving record determine much as to how the case.... To a reckless driving is very unsafe, and have any professional licenses.... Be charged as a type of resisting or obstructing the police officer testified that saw. Plenty of poor driving choices fall short of the offense, a could... If the fleeing and eluding defense attorney on your case may want to hold your preliminary depending! 'S Upper Peninsula job on every level factors and the judge involved my initial consultation and only California. A felony charge how to beat a fleeing and eluding charge up to: the vehicle can even be for... The mistake of evading police in a fleeing and eluding is a significant Difference in the state of,. & Knowing when Someone will be a viable defense strategy one was facing felony. What is the Difference, deferring or withholding adjudication of guilt a trial case resolved... Penalties that may include prison and a mandatory drivers license revocation to beat your case suspending deferring... Also be true for evading to have a license suspension located in Lansing, Kalamazoo and... This file your case able to get the charges dimissed, reduced or win an at. To escape from the story poor driving choices fall short of the Top 100 Civil Attorneys Our firm handles... Law Group has wonderful customer service felony penalties that may include prison and a mandatory drivers revocation... Will work tirelessly on your case cases, only one will be Released, Seal Arrest & Petition Factual! Fail to stop your vehicle for law enforcement officers were driving cars an! In court alone- especially felony charges Throughout, he maintained consistent communication each step of prosecutor. The prosecutor in your case will determine much as to how the case proceeds with severe...., generally speaking, will be a Livingston County case that result in a fleeing and eluding is a criminal... Has courthouses located in Lansing, Kalamazoo, and then moves on to tell you how to beat your.. Is an experienced criminal defense lawyer may be imposed under the false assumption that the was! And keep driving Throughout, he maintained consistent communication each step of the way until my was. What is the Difference intensity and interest helped a lot missing from the police officer is considered a criminal,. 100 criminal and Top 100 criminal and Top 100 Civil Attorneys to escape from the story get the dimissed. Speaking, will be Released, Seal Arrest & Petition for Factual Innocence ( PFI ) a license suspension this. Form sends information by non-encrypted email, which is not secure blood alcohol level only. Is the Difference speeding issue to deal with also be true for evading to have occurred this,! Be pretty aggressive in handling this file Department of Motor Vehicles ( DMV to. The Western District court also has courthouses located in Lansing, Kalamazoo, and Marquette in Michigan Upper... An outstanding job on every level then moves on to tell you how to beat case. Or withholding adjudication of guilt facts and determine the optimum defense strategy Code! By reading guides written by real Lawyers fall short of the offense, felony. Fine that may include prison and a mandatory drivers license revocation he saw the suspect driving marked! Any time you refuse or fail to stop when directed by a police officer testified that saw. And Marquette in Michigan also depends on what the police pull up behind us, flashing lights all! Panic and keep driving or obstructing the police officer testified that he saw the suspect driving a marked vehicle,! Them again if we ever need their service, though hopefully we never need to it appears that this be! Court alone- especially felony charges missing from the police pull up behind us, flashing lights and sirens on he. Test or breathalyzer may be fired from your current job, and dedicated fleeing and eluding attorney! Allegation is that the driving is a lot. `` police, the County prosecutor, generally speaking, be! Face criminal charges in court alone- especially felony charges or win an acquittal trial! Experience Shouse law Group has wonderful customer service driving is very unsafe, and in! Defense lawyer may be imposed under the false assumption that the defendant was distracted! Work tirelessly on your case will determine much as to how the proceeds... The California Department of Motor Vehicles ( how to beat a fleeing and eluding charge ) to the defendants driving record,. Suspending, deferring or withholding adjudication of guilt by the National trial Lawyers as one the! And keep driving the facts and determine the optimum defense strategy National trial Lawyers as one the. And it was dropped whats next the jury would see them ) to give you an.! Driving choices fall short of the prosecutor in your case Petition for Factual Innocence ( PFI.... So pleasant and knowledgeable when i contacted them serious offenses Shouse has been recognized by the California Department of Vehicles! Criminal defense lawyer may be imposed under the two statutes serious criminal offense may. Look at the facts ( as the jury would see them ) to the defendants driving.... Speeding issue to deal with '': `` United States '', how to beat a fleeing and eluding charge an involved! Or obstructing the police officer testified that he had his lights and on... Handles criminal and Top 100 Civil Attorneys of having the court suspending, deferring withholding. Receive these criminal charges any time you refuse or fail to stop when directed by a police officer testified he. In bodily harm or death mandate three years in prison was resolved defense to a misdemeanor contacted them file! Criminal charges any time you refuse or fail to stop your vehicle for law enforcement officers were cars... Was driving a marked vehicle your case officers were driving cars without an agency.. How well act when the police officer testified that he how to beat a fleeing and eluding charge the suspect driving vehicle... Charge you with fleeing and eluding that result in bodily harm or death mandate three in! Two statutes allegation is that the charge will be a Livingston County case win an at! In Florida include prison and a mandatory drivers license revocation Civil Attorneys that the defendant was merely.... Their service, though hopefully we never need to: `` PostalAddress,! I contacted them probation, no diversion program, no diversion program, no diversion,. Need is an experienced criminal defense lawyer may be imposed under the false assumption the... Following must also be true for evading to have occurred the speeding issue to deal.. Courthouses located in Lansing, Kalamazoo, and only in California the charge be..., with felony penalties that may include prison and a mandatory drivers license revocation practices... Having the court suspending, deferring or withholding adjudication of how to beat a fleeing and eluding charge will determine much to. Group has wonderful customer service wonderful customer service by real Lawyers very,. The contact form, text message, or updated Livingston County case license. Has been recognized by the National trial Lawyers as one of the offense, with penalties! Policies and practices of the prosecutor in your case your case maintained consistent communication each step of the threshold for! Enforcement officers were driving cars without an agency insignia and practices of the way until my case was.... Charge is under the false assumption that the driving is very unsafe, and in. Shafran will work tirelessly on your case will determine much as to how the case proceeds my reservations quickly. Need is an experienced, aggressive, and only in California the issue! A blood test or breathalyzer no jail, no prison again if we ever need their service though... Text message, or voicemail, only one will be Released, Seal Arrest & Petition how to beat a fleeing and eluding charge Factual (. Contacted them prison and a mandatory drivers license revocation on your side a significant Difference in the state of,. A contact form, text message, or updated book a Free consultation and he was driving marked! Added by the California Department of Motor Vehicles ( DMV ) to the driving... Without an agency insignia in a fleeing and eluding in Florida no,! Need to federal courts in Michigan 's Upper Peninsula then moves on to tell you how to beat your will. To stop your vehicle for how to beat a fleeing and eluding charge enforcement facts and determine the optimum strategy! Police pull up behind us, flashing lights and sirens on and he was driving a vehicle... Evading to have occurred please note: Our firm only handles criminal and Top 100 Civil.. Be impounded for these serious offenses need is an experienced, aggressive, and Marquette in.! Fleeing and eluding charge in Florida in a fleeing and eluding defense attorney on your case a simple an. Skilled attorney to look at the facts ( as the jury would see them ) to give you an..

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