Miami Fleeing and Eluding Lawyer

Attorney Defending Against Charges of Fleeing From Police in Miami, Florida

Charges of fleeing and eluding police may arise when a driver has allegedly failed to stop for law enforcement officers or otherwise attempted to escape from police. This is a serious traffic crime that can lead to multiple types of severe penalties, including a felony record. The consequences can escalate based on the specific circumstances of a case, and charges involving high speeds, property damage, or injuries can lead to especially harsh penalties.

At Stroleny Law: Criminal Defense Attorney, we can assist people who have been charged with fleeing and eluding and other related charges, such as reckless driving. Our attorney understands the circumstances that may lead to these charges and the defense that may be used to challenge accusations and defend against felony convictions. He can take steps to address charges that occurred due to misunderstandings about police signals, fear or confusion during traffic stops, or situations where defendants had legitimate reasons for their actions.

How Florida Law Defines Fleeing and Eluding

Under Florida Statutes § 316.1935, a driver could be charged with fleeing or attempting to elude a law enforcement officer if they refuse or fail to stop their vehicle when requested, or if they willfully attempt to escape from an officer.

The statute requires several elements for a person to be convicted. The driver must have known that an officer ordered them to stop. Sirens, emergency lights, or other clear signals can serve as an indicator that a driver should pull over. The officer must have been in an authorized law enforcement vehicle with the proper markings. The driver must have willfully refused to stop, or they must have fled after initially stopping.

The requirement of willfulness means that inadvertent failures to stop, situations where drivers did not see or hear police signals, or cases where drivers did not know they were being pulled over may not qualify as fleeing and eluding. Prosecutors may argue that a driver should have known they were required to stop based on the circumstances, but our attorney can address these claims when defending against criminal charges.

Levels of Fleeing and Eluding Offenses

At minimum, fleeing and eluding is classified as a third-degree felony. If a driver is accused of willfully failing to stop for law enforcement under circumstances that did not involve aggravating factors, they could face a sentence of up to five years in prison and fines of up to $5,000.

When fleeing and eluding allegedly involved high speeds or reckless driving, a person could be charged with a second-degree felony. If a person drove away from police and attempted to escape while showing a disregard for safety, this offense may apply. Reckless actions taken in these cases could include weaving through traffic, running red lights, driving on shoulders or sidewalks, or otherwise creating substantial danger. Second-degree felony charges may also apply if a person allegedly caused injuries to others or damaged property. A conviction can lead to a sentence of up to 15 years in prison and fines of up to $10,000.

Charges may increase to first-degree felonies if fleeing and eluding allegedly resulted in serious injuries or death. In these cases, a person may face a sentence of up to 30 years in prison.

Reasons People May Face Charges of Fleeing and Eluding

When a driver does not initially notice a police officer's attempt to perform a traffic stop, the situation may escalate to fleeing charges. An officer may activate emergency equipment, but a driver may not immediately stop due to loud music, distractions, hearing impairments, or other factors. An officer may interpret the driver's failure to stop as an intentional attempt to flee. A driver who travels a short distance before stopping to reach a well-lit area may face criminal charges despite their intent to stop in a safe place.

High-speed pursuits are some of the most serious cases involving fleeing and eluding charges. A driver may be accused of accelerating to escape police, exceeding speed limits during a chase, and continuing to flee for an extended distance, which may lead prosecutors to pursue more serious charges. These cases may also involve additional charges such as reckless driving and other traffic violations.

A driver who initially stops but then flees when an officer approaches their vehicle may face criminal charges. This might occur when a driver panics after stopping, when they become frightened during a traffic stop, or when they decide to flee after initially complying.

Defense Strategies in Fleeing and Eluding Cases

Defending against fleeing and eluding charges may involve challenging whether a person knew they were being ordered to stop. Our lawyer may present evidence showing that emergency equipment was not clearly visible or that a siren was inaudible due to ambient noise or other conditions.

Our attorney may also be able to show that a defendant did not willfully refuse to stop. Many drivers, including women who are driving alone at night, may want to make sure they are in well-lit, populated areas before stopping their vehicles. Evidence showing that a defendant drove a reasonable distance at a reasonable speed to reach an appropriate stopping location may be presented.

Our lawyer can also take steps to show that a person did not stop because a police vehicle was unmarked or had inadequate or non-functioning emergency equipment. He may show that charges were based on mistaken identity because a vehicle had been stolen or borrowed. He can take steps to demonstrate that emergency circumstances prevented a person from stopping immediately.

Challenging the stop itself may be a potential defense strategy. A police officer must have reasonable suspicion that a violation has occurred before initiating a traffic stop. A stop that was conducted without a proper legal basis may have violated a person's constitutional rights. If the initial stop was unlawful, fleeing charges may be dismissed.

Our attorney may be able to negotiate reduced charges and protect against a felony conviction. He will work with prosecutors to reduce felonies to misdemeanors or traffic infractions and resolve a case in a way that will help avoid a prison sentence or minimize other penalties.

Contact Our Miami, FL Fleeing and Eluding Attorney

Because of the seriousness of fleeing and eluding charges, these cases will require immediate attention from an experienced attorney. Stroleny Law: Criminal Defense Attorney can fight to protect you from the severe consequences of these charges. He will work to have charges dismissed or reduced so that you will be able to avoid serious penalties. Contact our Miami fleeing and eluding defense lawyer at 305-615-1285 to set up a free consultation. Time is critical in these cases, so reach out now to protect your rights and your future.