Fleeing and Eluding Defense Attorney
If you face fleeing and eluding the police charges, you risk jail, extensive probation, loss of your driver’s license, and more. We can help you.
What You Need to Know About Fleeing and Eluding Charges
A Michigan driver must stop when a police officer directs them to do so by a hand signal, voice command, siren, emergency lights, or another visual or audible signal. Failure to follow a lawful order to stop a vehicle can result in fleeing and eluding the police charges necessitating the assistance of a top defense attorney. It is illegal to fail to stop, increase speed, turn off the vehicle’s lights, or attempt to flee or elude the police in any way. A defense attorney with experience defending Fleeing and Eluding the Police charges is someone’s best hope of avoiding a conviction and jail.
There are a couple of ways someone can face Fleeing and Eluding the Police charges. First, someone might misjudge or misunderstand the directions of a police officer. Alternatively, a driver might be afraid or panic and attempt to get away or delay stopping when a police officer directs them to pull over or stop. Also, a police officer might misperceive a driver’s intentions and believe they were attempting to elude them when there was a misunderstanding or the driver failed to notice them or their signal to stop.
Fleeing and Eluding the Police Charges
The severity of Fleeing and Eluding the Police charges depends on the circumstances.
- Fourth-Degree Fleeing and Eluding – Fleeing and eluding without an accident, injury, or death is punishable by two years in prison, up to $2,000 in fines, and a license suspension.
- Third-Degree Fleeing and Eluding – When fleeing from the police leads to an accident, or you have a previous fleeing and eluding charge, you face up to five years in prison, fines, and a license suspension.
- Second-Degree Fleeing and Eluding – The penalty substantially increases if there is an injury or death. If an accident or chase leads to injuries, you face up to 10 years imprisonment.
- First-Degree Fleeing and Eluding – A death increases the potential sentence to 15 years in prison. If the driver’s actions were reckless, additional charges such as Reckless Driving Causing Death, Vehicular Homicide, Manslaughter, or even Second Degree Murder are possible.
Frequently Asked Questions for a Fleeing and Eluding Defense Attorney
“Does Fleeing and Eluding mean speeding away or a high-speed chase with the police?”
It is unnecessary to run from the police and start a high-speed chase to be charged with Fleeing and Eluding. flee and elude them. You risk Fleeing and Eluding charges if you continue to drive at the posted speed limit, even for a short distance.
“Can the police still charge me if they didn’t catch me?”
The police will charge someone who successfully eludes them so long as they can identify the car’s driver; however, proof beyond a reasonable doubt is unnecessary to file charges. The prosecutor will file charges in court if there is probable cause to believe the identified person was responsible. If you face the possibility of charges, it is essential that you hire a pre-charge criminal defense attorney to help you mitigate the damages, negotiate with the police or prosecutor for lesser charges, and prepare for a compelling argument in favor of a personal bond at arraignment.
“What are the collateral consequences of a Fleeing and Eluding conviction?”
In addition to the possibility of jail, prison, fines, and costs, there are various potential collateral consequences of a criminal conviction, including the following:
- loss of employment,
- inability to advance or get promoted at work,
- exclusion from affordable or safe housing,
- inability to qualify for public benefits,
- loss of civil rights, such as firearm and voting rights,
- loss or modification of child custody or visitation rights,
- immigration and citizenship issues (such as deportation or inability to obtain U.S. citizenship), and
- suspension or revocation of your professional license
“If I was afraid of the police, is that a defense?”
Running away from the police due to fear is a fairly natural reaction, given the amount of police misconduct and violence in the news. When a worried or terrified person flees, it is understandable. It might be a dread of being discovered engaging in behavior you are aware is wrong, or it might be a fear of harm by the police. In general, fear of the police is not a defense; however, it might be a mitigating factor when a defense lawyer requests reduced or dismissed charges.
“What are the degrees of Fleeing and Eluding?”
- 1st degree 15 years maximum in prison, years of probation, and a $10,000 fine
- 2nd degree 10 years maximum in prison, years of probation, and a $5,000 fine
- 3rd degree 5 years maximum in prison, years of probation, and a $1,000 fine
- 4th degree 2 years maximum in prison, years of probation, and a $500 fine
You Want the Best Attorney to Defend Against Fleeing and Eluding Charges
The defense attorneys with LEWIS & DICKSTEIN, P.L.L.C. have extensive experience successfully defending against Fleeing and Eluding Police charges in Michigan. We have the reputation and influence to credibly seek the dismissal of charges or plea bargain for a reduced offense or penalties. Our team has negotiated to reduce felonies to misdemeanors in Oakland, Wayne, Macomb, Washtenaw, and Livingston Counties and courts throughout Michigan. Call us for a free consultation and confidential case evaluation.
Call us today at (248) 263-6800 for a free consultation or complete a Request for Assistance Form. We will contact you promptly and find a way to help you.