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.
THE CRIMINAL LAWYER FOR EVADING ARREST EFFECTIVELY DEFENDS HIS CLIENT BEFORE COURT
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.”
Get Out Of Jail. If you or someone you know has been arrested and put in jail for an accusation of evading arrest, there are many ways the criminal lawyer can help get the person released from jail immediately or during the first court date at arraignment.
Bail will be set according to the booking charges and the San Diego County Bail Schedule.
The procedures to get a person out of custody depend on the circumstances of the alleged crime and the present status of the accused, i.e., ties to the community, employment, ownership of property, age, health, prior criminal record, military experience and character references.
Click here for more information: get out of jail asap.
To view the bail schedule click here: San Diego County bail schedule.
Contact the Prosecutor’s Office. Depending upon the circumstances, such as assistance from the alleged victim, interviews with witnesses, and additional facts about the arrest, the defense lawyer gets vital information about the case.
Attorney Pflaum then delivers the most important information to the prosecutor’s office as soon as possible with the goal of persuading the prosecutor’s office not to file any criminal charges or to reduce the charges.
HOW THE CRIMINAL LAWYER HELPS DURING THE COURT PROCESS
The first important part of a defense is for the lawyer to meet with the client and find out from him or her the facts of the detention and arrest.
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.
Both misdemeanor and felony domestic violence cases are commonly resolved 95% of the time during the court process by way of a plea bargain.
A client is under no obligation to accept a plea bargain offer, but plea bargaining is the first stage of every prosecution.
Plea Bargaining. A plea bargain is an agreement between the prosecution, judge, defense attorney and his client to resolve a case before trial.
An excellent plea bargain for a case of evading arrest should when possible include dismissal or reduction of the original charges, no time in prison or jail or alternatives to custody.
To get an excellent plea bargain, the defense attorney must first get to know his client well, including the client’s account of the incident giving rise to his or her arrest, background, present status, current employment, mental and physical health condition, standing in the community, and prior record if any.
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.
Strategies. Typical defenses the attorney may rely on in order to secure a favorable plea bargain include the fol
- No willful intent
- Improper police procedure
- Insufficient evidence
- No reasonable suspicion to detain
- Emergency driver justification
- Failure of proof
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 plea bargain offer is accepted by the client and his defense attorney, the case then proceeds to sentencing either immediately or at a future court date.
If the plea bargain offer is not acceptable, the case continues through the court system to additional hearings.
Jury Trial. For cases that cannot be, or should not be, settled by way of a plea bargain, the client and the attorney proceed to jury trial.
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Call the Right Defender for help
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