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You could be looking at a second or first-degree felony. We handle aggravated fleeing and eluding cases of all types. Florida Jury Instructions for Criminal Cases – Visit the official website for Florida's Jury Instructions, which are a set of procedures the jury must follow when deliberating the verdict of a case. An authorized law enforcement officer must drive an official patrol vehicle with all of the official jurisdictional marks displayed clearly, including their agency insignia. Additionally, you will suffer from permanently raised insurance premiums for any vehicle you may own in the future. Fleeing or Attempting to Elude Law Enforcement | Tallahassee | Florida. Compassion and Getting to Know the Client Results in DUI Charge Being Dismissed and Client Getting a Second Chance. Earlier this month, the Supreme Court of Arizona took up the issue of whether partition ratio evidence is admissible in a prosecution for DWI (Driving While Intoxicated, Arizona's version of Florida's DUI offense). It is also important to note that the state must prove every element of a crime in order for the defendant to be found nalties for Fleeing and Attempting to Elude Law Enforcement in Orlando & Central Florida. We know how to negotiate with the State Attorney and we will work to get you the best possible outcome. The cop kept asking my client while conducting his investigation what my client struck that caused the flat tire. The most effective way to work toward avoiding such consequences is to fight the charges aggressively from the start. Client was on his way home from running an errand when he was stopped at a roadblock sobriety checkpoint. According to Florida Statutes, the three strikes law leads to elevated penalties for those who have committed three or more violent felony in Florida.
Not only this, there are situations like medical emergencies to be considered where an ambulance can leave you with staggering medical bills. Fleeing & Eluding an Officer Lawyer. You need an experienced fleeing and eluding defense attorney by your side. 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. A smart and tenacious criminal defense attorney can make all the difference. This requires evidence that the officer made a clear command to stop, which often comes down to the officer's word.
Elements of Aggravated Fleeing to Elude – First Degree Felony. And lights activated). Once arrested for this offense, it is vital that you seek legal counsel immediately. Option #1 - Apply to the Bureau of Administrative Review (BAR) office for early reinstatement with a hardship license. Mistaken Identity: Evidence that someone other than the defendant was driving at the time of the crash can be used as a defense. Attorneys for Flee to Elude Law Enforcement in West Palm Beach, FL. The accused was operating a motor vehicle on a Florida highway or street. We will know every client's story because we will take the time to listen and understand. Years of television have conditioned the average resident of Florida to believe that fleeing to elude always involves a high-speed car chase. While it may not seem a serious crime, fleeing and eluding should absolutely be taken seriously, as a conviction could cost you not only your freedom, but reputation and career as well. I think her request for continuance was denied even though I didn't object.
The Burden of Proof in Florida Explained. Activated with high speed or reckless driving, causing serious bodily. Learn how Rossen Law Firm got a Not Guilty verdict at Trial for Aggravated Fleeing and Eluding in Pompano Beach, Florida. Perhaps law enforcement abused you during your arrest, or maybe you were not read your Miranda rights. We provided the prosecutor cases and a memorandum of law arguing that our client was unaware of the contents of the backpack, that the backpack was within reach of other passengers and that the Coast Guard had no probable cause to search the boat. This means that they are required to prove beyond a reasonable doubt that you are guilty of all the individual aspects that make up your Florida fleeing to elude charge. Call (941) 363-7900 today to see how your charges can be reduced or eliminated, if possible. Arguing misidentification and providing an alibi are both ways to present defenses that are oftentimes successful when fighting fleeing and eluding cases. As such, the case was transferred to Palm Beach County. After driving on the shoulder of the highway and nearly sideswiping a stationary Florida Highway Patrol officer on the side of the road, an officer attempted to pull over the Client. Fleeing and eluding in georgia. Each free consultation will be at no obligation, and your confidentiality will be entirely protected by the attorney-client relationship. This will give you the best chances of a reduced or dropped charge. The court must also issue a 1 to 5-year driver's license suspension.
It is punishable by up to 15 years of imprisonment, up to 15 years of probation, and/or a fine of up to $10, 000. Do not allow this to happen. Charges are prosecuted as felony crimes and may result in substantial jail time, revocation of your driver's license, and forfeiture of your vehicle.
You will have the cell phone number of your attorney. Learn more about how we can help by calling (561) 902-1122 or filling out an online contact form. 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. He was facing a mandatory prison sentence as he was on drug probation in the State of Virginia. Under the Florida Contraband Forfeiture Act, the Florida Department of Highway Safety and Motor Vehicles can confiscate a vehicle (or a boat) used to flee police. Our client did not cooperate during the breath test and no viable results were received. How to beat a fleeing and eluding charge in florida state. However, it may surprise you how easily you could be apprehended on these charges. You could also lose your driver's license for a minimum of one year. If you have already been convicted of two felonies, another charge could lead to elevated penalties, such as life imprisonment.
All of the evidence obtained by the arresting officer was tossed out of court because the arresting officer wasn't personally involved in the traffic stop. How to beat a fleeing and eluding charge in florida without. Do not face these charges in court alone. Being stopped by the police can be overwhelming and frightening. This means they will remain on your criminal record forever. The current crime must have been committed within 5 years of serving time for another conviction.
After taking notice of the date of the State alleged the reckless driving occurred within the charging document, and the date the amended information was filed, the court determined that the prosecution for the reckless driving charge was filed outside the 2-year statute of limitations period. Charges where the officer had their lights and sirens on, there was a high-speed case or whether the chase caused personal injury or death. The Client was advised that he was going to be arrested and consented to the exercises. Such as the presence of a situation that made stopping impossible, for example, if it was unsafe to do so.
Consequences of Felony Convictions. But, we can make you one simple promise. Violation of Client's 4th Amendment Rights and Illegal Stop Leads to DUI Charge Being Dismissed.