For an accusation of evading arrest, the right criminal justice attorney with 30 years of experience is David Pflaum.
Just because a person may be suspected of evading arrest does not mean s/he is guilty. The person has many constitutional rights and remedies.
Attorney Pflaum aggressively protects the rights of his clients and gets the best possible results for them in court.
INFORMATION AND SERVICE FOR EVADING ARREST CHARGES
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 sections 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. Punishment can range from a maximum of 6 months in local jail up to 3 years in prison.
Get Out Of Jail. When a person is arrested for an accusation of evading arrest, they are put in jail. 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.
STRATEGIES OF THE CRIMINAL LAWYER FOR EVADING ARREST
The first important part of the defense is for the lawyer to meet with the client to learn their general background and to learn the facts of the arrest.
Mr. Pflaum then analyzes the case based upon the file produced by the prosecution including the police investigation and reports, witness statements, and any other evidence that purports to support the charges.
There are two main ways to resolve a case of evading police.
Plea Bargain. A plea bargain is an agreement between the prosecution, judge, criminal justice attorney and his client to to dismiss or reduce the original charges and avoid time in prison or jail.
Good plea bargains come about because attorney Pflaum presents favorable information about his client and skillfully examines the police reports, patrol and body camera videos, and witness statements to uncover weaknesses in the prosecution case.
Jury Trial. Some cases of evading arrest may, depending upon the clients preference and the state of the evidence, may proceed to jury trial.
Some strategic defenses that he may rely on to effectively defend his client include the following.
- No willful intent to evade
- Improper police procedure and investigation
- Insufficient evidence to prove the charges
- Emergency driver justification
- Failure of proof
- Violation of rights
Winning a jury trial trial begins by selecting the right jury, making an effective opening statement, offering proper testimony, effectively cross examining witnesses, and finishing with a dynamic argument.
The Right Defender Makes The Difference
Call (760) 806-4333
Vista – Escondido – Carlsbad – Fallbrook – Oceanside – Encinitas – Solana Beach – San Ysidro – Chula Vista – San Diego – Carmel Valley – Pacific Beach – Del Mar – San Marcos – El Cajon – La Costa – Leucadia – Rancho Bernardo – Rancho Santa Fe – Hillcrest – North Park – Ramona – Point Loma – La Mesa – Mira Mesa – Miramar – North County – South Bay
This page is also available in: Spanish