It is no news that getting pulled over by a police officer when you are driving is not fun. It begins with the lights flashing, the siren wailing, and you become anxious. You start wondering what you did wrong. Were you beyond the speed limits? Or was it something else?
It is necessary to be calm when you are pulled over by the police and seek a safe environment to park. If you do not, it can be seen as a flight from the police and you will need a flight from an officer lawyer in Lake Charles to handle the case.
If you are given legitimate police commands when you are walking on the streets or doing other activities, it is important that you follow the orders, as long as it is legitimate.
What we mean by following others is not talking. You have the right to remain silent as a witness or a suspect of a crime. You have the right to ask for your lawyer to be present, whether you are a witness or a suspect. Following orders by talking isn't part of the following orders. You can decide to keep mute when asked a question by police officers and it won't be seen as a flight from an officer. You may not need a flight from an officer lawyer in Lake Charles for that. If, on the other hand, the police try to see that as a flight from an officer, you may need a flight from officer lawyer in Lake Charles to represent you.
This is one question that people ask over and over again. They want to know if they have the right to run away when an officer is using force on them.
The police are allowed to use little force when trying to apprehend a suspect when he or she is resisting arrest. If, on the other hand, the person is not resisting arresting, using force is not allowed. If you have been arrested and excessive force is used on you, while you are not resisting, you may be tempted to push back and run to the hills. If you do, this may not be seen as a flight from an officer because you have human rights. Under no condition is an officer allowed to hit you when you haven't resisted arrest or tried to attack him or her. This is one defense that we use in a case of flight from an officer when you contact Carl Barkemeyer to be your flight from an officer lawyer in Lake Charles.
If you are being interrogated in a street with force, you are allowed to walk away and this won't be seen as a crime.
If, on the other hand, you do not listen and carry out the legitimate orders given to you by an officer, it can be seen as fleeing. If an officer tells you to pull over and refuse to, it can be seen as evading, fleeing, or eluding a law enforcement officer.
It is a charge that can either be treated as a misdemeanor or felony, depending on the circumstances surrounding the case.
If you fled without the use of a weapon, you could be arrested for a misdemeanor. If, on the other hand, you hit the officer or threatened him with a gun before running, there is a great chance that it would be treated as an act of felony. Felony is usually a more severe crime that comes with more stringent penalties, unlike a misdemeanor.
Before one can be convicted for evading arrest, there are some elements that have to be met first.
It should be shown that the police vehicle pursuing someone must have been marked well and anyone could tell that it was a police vehicle. He should have sounded his siren. The officer should also have been in the full apparel.
It should be shown that the vehicle had exhibited red light to show that he wanted the accused vehicle to halt.
If it is not a case that involves vehicles, the police officer must have shown or given an order for someone that he is pursuing to stop. Having the above can affect the case either positively and negatively.
The prosecutor will have to prove to the court that every element was involved in the crime, so as to get a conviction.
Many people tend to think that evading arrest from the police is a minor crime that can be talked out of by them. At the end of the day, they end up digging deep holes for themselves. We have seen people inadvertently add more charges to evading the police charge by talking to the police without a flight from an officer lawyer in Lake Charles present.
Like earlier mentioned, evading the police can either be a felony or a misdemeanor charge. This dependent on some circumstances.
When you flee the police in a car, it is normally seen as a felony. This is because you could end up putting the lives of other road users in danger. It is no news that many people have lost their lives because of it.
If you flee from an officer on foot, it is seen as a misdemeanor. The penalties that you get for the crime are dependent on how severe the crime is.
The penalties for the misdemeanor are usually:
A fine that can be up to a thousand dollars, a year in jail, as well as having the driver’s license suspended for a year.
For felony, it can be years in a state prison, impoundment of the car, suspension of the driver's license for a year or a fine that is up to ten thousand dollars.
Your defense lawyer can create a defense strategy that states that you had no intention of fleeing, you weren't the one driving and so on.
If you have been charged with evading arrest or fleeing from a police officer, you need to contact us today.