Access the site to read the elements of the crime, penalties and other relevant important information. Fleeing or Eluding a Police Officer in Florida. Basic Fleeing & Eluding and Fleeing with Lights & Sirens Activated. Fleeing and Eluding: Sirens and Lights Activated with High Speed or Reckless Driving Causing Serious Bodily Injury or Death is a first-degree felony, with penalties of up to 30 years in prison or 30 years of probation, as well as a $10, 000 fine and mandatory license revocation ranging from 1 to 5 years. Violent offenders with prior felonies are targeted by this sentencing law. Additional requirements dictate whether or not the police officer was considered an authorized law enforcement officer with the power to make you stop your vehicle. If you have been accused of fleeing to elude in Tampa, call our office at (941) 444-4444 today!
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With three offices in South and Central Florida, we are ready to fight on your behalf: Contact Weinstein Legal today and ask for fleeing and eluding defense attorney Matt Shafran. After meeting with many therapists I finally got one to diagnose me successfully with Bipolar. From his observations, the officer suspected that the client was intoxicated. A second officer arrived and also thought my client might be impaired from some kind of controlled substance. Consequences of Felony Convictions. We never settle for the easiest outcome or the typical result. We further argued that her field sobriety test showed little to no signs of impairment. When the officer approached the Clients car, he noted in the arrest report that the Client had red/ glassy eyes, flush skin and fumbled with his paperwork. The Client was involved in a motor vehicle accident wherein he struck a vehicle turning in front of him because he failed to stop for a red light. It can feel like "three strikes and you're out.
Fleeing And Eluding Felony
He is also an experienced criminal traffic lawyer in Martin and St. Lucie County, who is available 7 days a week for a free consultation. It's important to know that the term "serious bodily injury" has a specific meaning in the Florida Statutes. Those elements require the prosecutor with the State Attorney's office to prove beyond a reasonable doubt of the following: § 316. Verdict: NOT GUILTY! The state must prove the defendant knowingly and intentionally fled or eluded the police. A first-degree felony charge for fleeing and eluding can lead to a prison sentence of 30 years to life, and/or a fine of up to $10, 000. Like California and many other states, Florida has a three strikes law that aims to punish habitual offenders or those who have been convicted of three or more crimes. It was a great day for my client who had just finalized his divorce and was ready to make a fresh start on life. Video time control bar.
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Our client was arrested for Possession of Cannabis and Possession of Cocaine. I am 53 years old with a spotless record and glad to keep it that way thanks to the time, effort, hard work, and professionalism of the Adams and Luka and Tom Luka. Do not face these charges in court alone. The penalties for fleeing and attempting to elude a law enforcement officer depend on the way the offense is charged. If you were charged with fleeing with an attempt to elude a law enforcement officer, then contact an experienced criminal defense attorney at Meltzer & Bell, P. A. in West Palm Beach, FL. Fleeing and Eluding: Sirens and Lights Activated with High Speed or Reckless Driving. Facing felony charges for fleeing a law enforcement officer? Contact us now for a free consultation at (407) 872-0307 or (352) 787-2101. If you would like more information or free legal advice, contact us today over the telephone for a free consultation.
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Any vehicle that is used in a crime of fleeing or eluding can be deemed contraband and seized by the government as well. State Abandons Charge After Unlawful Stop. All Florida Fleeing and Eluding charges are prosecuted as felony offenses under Florida law. A person may be charged with this offense if he or she, while fleeing.
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If you are charged with the offense of fleeing to elude an officer in Florida, you should be aware that worst-case consequences can be very severe. PROMPT COMMUNICATION. A defendant's right to argue legal defenses may be limited in fleeing or eluding cases, but there are numerous factual defenses that may be available. After retracing our Clients whereabouts for the night, we were able to see that someone dropped something in our Client's drink at a bar without her knowledge. So, securing trusted legal representation with a background in obstruction of justice cases is incredibly important. This means any plea would mean the accused becomes a convicted felon. If you show wanton disregard for the safety of other people or their property as you are leaving the scene, you risk being charged for aggravated fleeing to elude a law enforcement officer. You can contact us at Meltzer & Bell, P. today to discuss your case with an experienced traffic crimes attorney in West Palm Beach, FL. We can give you a good idea of what to expect, how we can help you, and we can begin to ease your anxieties. Here at The Law Place, we pride ourselves on fairness and will ensure that your quoted price is accurate with no hidden costs. There was no high-speed driving or wanton disregard: Driving slightly over the speed limit while evading a police officer is not always considered aggravated fleeing and eluding in Florida.
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After they verified the Client was okay, they asked him for a copy of his license and proceeded to ask him questions. The exact legal scope of the laws concerning fleeing to elude a law enforcement officer in Tampa are covered in Florida Statute 316. A hearing was set for the Motion to Suppress, however on the morning of that hearing the State agreed to reduce the DUI to reckless driving. The vehicle used by the law enforcement officer to pull the accused over did not utilize their sirens or lights. First Officer on the Scene Didn't Show for Hearing. We agreed that the client was probably under the under the influence of alcohol to the extent that his normal faculties were impaired, but vehemently denied that he was in "actual physical control" of his motor vehicle.
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The potential conviction penalties include imprisonment for up to 5 years, probation for up to 5 years, and/or a fine of up to $5, 000. During the deposition of the lead officer we learned that this officer was reprimanded as a direct result of his actions in this investigation. The law is more severe if, in your attempt to flee, you drive recklessly. But we don't stop there, we do everything we can to get our Clients the best possible result. During the free and confidential consultation, we can help you understand the charges pending against you, the potential penalties, and the best ways to fight the case aggressively. My client suffers from Cerebral Palsy and walks haltingly.
The client was sleeping at the wheel of his vehicle when the fish and game officer witnessed him sitting at a green light. Submitted Motion to Suppress Evidence on the Grounds That Traffic Stop Was Unlawful. What About Aggravated Fleeing to Elude a Law Enforcement Officer in Florida? Whether your fleeing or attempting to elude matter can be resolved in or out of court, when you turn to the Law Offices of Greg Rosenfeld, P. A., you can be confident you will get the aggressive representation you need in West Palm Beach.
If you face criminal charges in Florida, call 407-644-2466 for a free consultation with the Orlando criminal defense lawyers at the Rivas Law Firm. I could not have retained better legal representation in my case in Palm Beach County. We were able to show that this isolated incident was triggered by his PTSD after interviews with witnesses and the production of records. There is a mandatory minimum term of imprisonment of 3 years. Even if you did not actually harm anyone, a second-degree felony conviction of this kind could have a serious detrimental impact on the rest of your life. This is the best way to get out in front of your fleeing to elude charges. 129) What is "Fleeing to Elude" a Law Enforcement Officer?
When reviewing the case with the client during the initial consultation we were able to identify some holes in the State's case. A conviction for fleeing to elude a law enforcement officer without aggravating factors is a third-degree felony. During my final argument, I argued to the jury that if the keys were truly in the ignition as the arresting officer claimed, then all my client would have had to do to speak to the officer was simply press the button to open the driver's side power window. The defendant failed to see the law enforcement officer and, therefore, did not know they were being pulled over.
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