Fleeing and Eluding is a felony of the third degree, punishable by up to five years in prison in the State of Florida. This crime involves failing to pull over when a police officer is attempting to stop your car. If you evade the officer's car at a high rate of speed, you can be charged with aggravated fleeing and eluding, which is a second-degree felony, punishable by up to fifteen years in prison.
Fleeing and eluding is a serious crime that can have dire consequences on an accused person. If you are convicted, you may not only face prison time, but your license will be suspended by the Department of Highway Safety and Motor Vehicles.
For first-time offenders, you may be
eligible for Pretrial Intervention, but only at the discretion of the State Attorney. If you hire a good
criminal defense attorney who is able to negotiate for your participation in the Pretrial Intervention program, you will be made to complete certain conditions, such as traffic school and community service. Upon the successful completion of these conditions, your case will be dismissed, and you will be eligible to have your
record expunged.
For repeat offenders, however, the State of Florida does not permit a withhold of adjudication (not a conviction) for the crime of fleeing and eluding. Like a
DUI, there is a mandatory conviction.
For this reason, it is important to discuss your case with a
criminal defense lawyer who practices in Miami and Broward. This is because there are defenses to the crime of fleeing and eluding.
In recent years, there has been ample news coverage about people driving around, pretending to be police officers. These fake cops may even be driving cars outfitted with police lights and sirens, resembling unmarked police cars. They may follow a car, activate their lights and siren, and pull someone over only to rob or hurt them.
Check out these news stories to learn more about this disturbing trend:
These crimes reduce the public's trust in law enforcement. For that reason, it may be a defense to the crime of fleeing and eluding that the accused person did not believe that the car pursuing him or her was that of a real police officer.
This is just one of many defenses to the serious felony of fleeing and eluding. Please
contact me, a criminal defense attorney who practices exclusively in Miami-Dade and Broward, so that I may assist you in fighting your criminal charges.