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However, if the alleged offender causes serious injury or property damage to another as a result of the offense, he or she can face first-degree felony charges. While these situations can feel isolating, many others have been where you are, and Adam and his team have helped them come out the other side successfully. The judge agreed and the Motion to Suppress was GRANTED! How to beat a fleeing and eluding charge in florida right now. If you have been charged with fleeing to elude, contact us today at (941) 444-4444. 00 fine and Five (5) years in Florida State Prison.
Additional Resources. Several officers were assisting in an investigation at a residence when they heard a sound of a motor vehicle braking and then a crash. 'Fleeing and Eluding: Sirens and Lights Activated' happens when a Florida law enforcement officer in an authorized patrol car with agency insignia and with sirens and lights activated attempts to pull over a driver, and they either willfully fail to stop or flee after stopping. Our client would later participate in a breath test, which was over the legal limit. Rather than a felony case, this would simply be a second-degree misdemeanor. Unfortunately, high-quality criminal legal support is never going to be free in Florida. Fleeing to Elude a Law Enforcement Officer. Stat., sets out the following elements focused on the vehicle having proper insignia with sirens and lights activated. The defendant was or should have been aware of their part in the accident. If a death occurs as a result of the crime, you may incur additional charges of vehicular manslaughter. Eyewitness testimony is notoriously unreliable, and it is entirely possible that you were falsely identified as the perpetrator.
By going the extra mile, we were able to get the State to drop the DUI charge and offer a withhold of adjudication to reckless driving. 1935 committed on or after this date require mandatory revocation of the offender's driving privilege. Unlawful Stop By Arrested Police Officer. I was facing felony charges and even looking at doing 5 years in jail!
Special Program Results in Charges Being Dismissed. How to beat a fleeing and eluding charge in florida court. He allegedly pedaled through a Stop sign and kept on going after Seminole County Sheriff's deputy ordered him to pull over. 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. No doubt the case was was bad. After a motion to suppress was filed and granted, the State amended the information and charged my client with one count of reckless driving.
The state must prove the defendant knowingly and intentionally fled or eluded the police. We can offer you free legal advice at no obligation, and the entire call will be protected by attorney-client privileges, even though it cost you nothing. Fleeing or Attempting to Elude Law Enforcement | Tallahassee | Florida. The officer took possession of the client's car keys and went back to his vehicle to check her record. When the officers arrived, they observed the Client leaning against his steering wheel. I was charged with a felony and facing the scary thought of losing my job, but thank you Attorney Steven Bell for helping me. 04, F. S., to add "aggravated fleeing or eluding with serious bodily injury or death" to the lists of offenses contained in Florida's statutes for a first degree, second degree, and third degree murder.
Under these circumstances, this offense is considered a second-degree felony. Sarasota criminal defense attorney Erika Valcarcel of Erika Valcarcel, Criminal Defense Lawyer, P. realizes that the three strikes law imposes penalties that are harsh and unfair. Fleeing and eluding can also occur when the driver stops the vehicle and then flees in an attempt to evade the officer. Simply reckless driving at high speed will suffice for the charge. How to beat a fleeing and eluding charge in florida form. Unfortunately, under Florida law, there is NO WAY to obtain a withhold of adjudication upon a plea and/or a finding of guilty by a judge or jury. Potential seizure of the vehicle. The definition of the term "fleeing a law enforcement officer" can be found in Florida Statute Section 316.
If you have been charged with fleeing and eluding, then you may have a defense. Some potential defenses an attorney may be able to use include, but are not limited to: - Lack of intention to elude: In some cases, an attorney may be able to prove that the defendant did not know that the law enforcement officer wanted him to stop. This requires evidence that the officer made a clear command to stop, which often comes down to the officer's word. Florida Three Strikes Law. The criminal penalties for fleeing and attempting to elude law enforce without any aggravating factors include: If you are convicted and the circumstances involve high speeds/reckless driving or result in serious bodily injury or death, the penalties increase substantially in terms of number of years in prison/probation and fine ntact Adams & Luka Today. If you were recently arrested or charged with any Florida fleeing & eluding offense, please call our Winter Park fleeing and eluding an officer lawyer at 407-740-7275 to discuss your case. Or eluding an officer with siren and lights activated, he or she is: - Driving without regard for the safety of persons or property, and.
Our phone lines are always open. Failing to pull over as directed by a police officer is considered a criminal offense and may lead to a conviction with severe punishments. If an individual is convicted of fleeing or eluding an officer, he or she can face the following penalties: - A third-degree felony charge for fleeing and eluding is punishable by up to five years in prison, and/or a fine of up to $5, 000. The firm worked closely with the State to find a more favorable consequence for the client rather than facing DUI charges and possibly being deported. You will receive a FREE case evaluation. Elements of Aggravated Fleeing to Elude – First Degree Felony. Contact an attorney at Sammis Law Firm today to discuss your arrest for fleeing and attempting to elude a law enforcement officer in the Tampa Bay area, including Hillsborough County, Polk County, Pasco County, or Pinellas County, FL. Classified as a second-degree felony, with penalties of up to 15 years in state prison, 15 years of probation, a $10, 000 fine and a mandatory driver's license revocation ranging from 1 to 5 years; Sirens and Lights Activated with High Speed or Reckless Driving Causing Serious Bodily Injury or Death. I filed a motion to suppress all evidence.
All our conversations are entirely protected by legal attorney-client privileges, so you can trust us with the entire truth. No formal charges were filed. The defendant willfully and deliberately failed in stopping and helping someone who suffered serious bodily injury or death. While many individuals associate fleeing and eluding in Florida as a traffic offense, in reality, it is a serious criminal charge. Additionally, if you are looking to rent a house or apartment, it will be difficult. 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 offense under this subsection is a second-degree felony. Our client was arrested for Possession of Cannabis and Possession of Cocaine. Steven Goldstein Explains Why is Eluding a Serious Charge.
Fleeing to elude a law enforcement officer carries serious consequences in Tampa, FL. 065, F. S., a life sentence is required for any defendant convicted of specified murder offenses if the victim of the offense is a correctional officer or correctional probation officer. The government is wasting no time in trying to prove your guilt, a proactive defense is imperative. Other versions of the offense include: Section 316. This leaves plenty of scope for an experienced criminal defense attorney to establish a solid defense around the specifics of your case. Judges and prosecutors take this offense seriously, and police officers tend to take these cases personally. Either way, my client was happy with the result and that we beat the DUI! A person may be charged with this offense if he or she, while fleeing. The penalties for fleeing to elude a law enforcement officer increased based on the factors of the case.
State dismisses all charges! If you are convicted of aggravated fleeing and eluding in Florida in association with bodily harm of any individual, you will face a minimum three-year prison sentence. According to the Officers the client's eyes were red, bloodshot, watery and glassy, they smelled an odor of alcohol coming from the client's breath, and his speech was slurred. Florida law provides harsh punishments for anyone charged with fleeing or attempting to elude a law enforcement officer. It can result from multiple factors fear of arrest, anxiety, or just extreme nerves, but fleeing to attempt to elude law enforcement is an incredibly serious crime. And lights activated). 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. My health is great and my family life is amazing. Overview of Flee to Elude Charges in FL. The revocation of your driving license for a period of between one and five years. You will not be eligible for early release from prison and must serve the full sentencing term. We will start charting out a sturdy defense structure to battle your charges. 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. Because of this, Mr. Gorsuch's motion to reduce his charges to a lesser offense was accepted.
Benjamin Herbst is a South Florida criminal defense lawyer who specializes in fleeing and eluding charges in Miami-Dade, Broward and Palm Beach County. There exist two options for this: - Option A – Filing an application for a hardship license with the Bureau of Administrative Review. However, if the driver initiated a high-speed chase or drove recklessly during the crime then the crime is enhanced to a second-degree felony. Find out more about the difference between fleeing, eluding, and evading the police. If you were charged with the serious felony offense of fleeing to elude then contact an experienced attorney at Meltzer & Bell, P. A.. We represent clients on these charges and other types of criminal traffic offenses such as driving under the influence, racing, and driving while license suspended or revoked. In the state of Florida, fleeing a law enforcement officer or attempting to elude is a serious felony charge. It was at that time that the officer smelled an odor of alcohol emanating from the driver, observed his eyes were bloodshot, slurred speech and a her face was flush. The client was pulled over wherein the officer approached the vehicle and requested our client's vehicle documentation and driver's license. When reviewing the case with the client during the initial consultation we were able to identify some holes in the State's case.
Goldman Wetzel is a solely focused criminal defense law firm in Florida. Minimum sentence guidelines for aggravated fleeing and eluding that result in bodily harm or death mandate three years in prison. Call (941) 363-7900 today to see how your charges can be reduced or eliminated, if possible.