EXPERIENCED CRIMINAL LAWYER FOR DEFENSE OF EVADING ARREST
A highly qualified defense lawyer for felony and misdemeanor evading arrest with over 25 years of experience gets the best possible results for his clients.
Evading arrest, also known as evading a police officer, is a violation of several statutes, depending upon the circumstances.
Any person that intends to evade while operating a motor vehicle, by willfully fleeing from a peace officer pursuing the motor vehicle, may be charged with a felony or a misdemeanor under Vehicle Code 2800, 2801, 2800.2, 2800.3, 2800.4.
Evading arrest may be charged as either a felony or a misdemeanor. This type of offense is therefore called a “wobbler.”
HOW THE CRIMINAL LAWYER HELPS IF THE CLIENT IS IN JAIL
Get Released: If you or someone you know has been arrested and put in jail for an accusation of felony DUI, there are many ways the criminal lawyer can help get the person released from jail immediately or during the first court date at arraignment.
Click on the word “released” in blue above to learn more about getting out of jail.
HOW THE CRIMINAL LAWYER HELPS DURING THE COURT PROCESS
A skilled defense attorney does his best to convince the District Attorney’s Office to reduce the felony to a misdemeanor and to reduce the penalties, including avoiding time in custody and saving the driver’s license.
The first thing that the criminal defense lawyer needs to do is meet with the client to find out what happened, and to learn everything he can about the client’s background and present status.
Then, after analyzing the case, reviewing the arrest reports, viewing diagrams of the area of arrest and detention, experts reports, crime lab analysis results, witness statements, video tapes from the police pursuit, and any other evidence that the police claim supports the charges, Mr. Pflaum appears in court with his client.
Plea Bargaining: The first step normally in an evading arrest case is to get a plea bargain to eliminate or reduce the criminal charges, avoid more jail time, and minimize the punishment that a judge and prosecutor might want to impose.
Defense Strengths: Good plea bargains come about because the criminal defense attorney knows his client well, investigates the case, carefully reviews the police reports, videos, photographs, diagrams, tape recordings, 911 calls, forensic evidence, witness interviews, and everything else associated with the case to develop the strengths of a case.
Prosecution Weaknesses: By the same process, the criminal defense attorney develops weaknesses in the prosecutor’s case such as inconsistencies in witness statements, problems with the arrest or the investigation, discrepancies in the conduct of the investigating officers, missing or inconclusive evidence, and problems in the forensic evidence.
Effective Presentation: The criminal defense attorney then makes a persuasive presentation to the judge and prosecutor about the strengths of his client’s case, and weaknesses of the prosecution’s case, to achieve an excellent plea bargain for his client.
If the offer of a plea bargain is acceptable to the client and the defense attorney, the case is resolved and proceeds to sentencing in accordance with the plea bargain.
If the plea bargain offer is not acceptable, the case continues through the court system to additional hearings.
Jury Trial: If there is a dispute about the question of whether a person was driving under the influence in violation of the felony DUI law, sometimes the best option is to go to trial.
An experienced attorney prepares witnesses for trial, cross examines the police officer/s and expert witnesses, and presents a solid defense.
Typical defenses at trial may include the following.
- no willful intent
- improper police procedure
- insufficient evidence
- no reasonable suspicion to detain
- emergency driver justification
- failure of proof
Call the Right Defender for help
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