Florida's Fleeing and Eluding Charges Explained: What You Need to Know
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- Опубликовано: 21 ноя 2024
- Let's talk about Florida's fleeing and attempting to elude statute-a serious charge that can have life-altering consequences. In Central Florida, where I practice, these charges are often filed more than they should be. But did you know that fleeing doesn't necessarily involve a high-speed chase?
In this video, I break down the nuances of Florida's fleeing laws:
Degrees of Felony: Even the least severe fleeing charge is a third-degree felony, punishable by up to 5 years in prison. High-speed chases or reckless driving elevate the charge to a second-degree felony (up to 15 years), and if someone is seriously injured, it becomes a first-degree felony (up to 30 years).
Challenging the Charges: One of my key strategies is not taking the police report at face value. I recently had a case where my client was charged with second-degree fleeing on a fast motorcycle. Through depositions, we discovered the officer was four cars behind my client-which wasn't enough to prove he knew the police were attempting to stop him. We got the charge reduced to a misdemeanor.
The penalties on a fleeing charge can get harsh. Unlike other felonies in Florida, you cannot receive a withhold of adjudication on a fleeing charge-you must be convicted as a felon. Additionally, there's a mandatory driver's license suspension of at least one year, up to five years.
When defending a fleeing and attempting to elude charge, we want to keep the prosecutors from introducing prejudicial information about why you were fleeing (e.g., having drugs or weapons in the car). It's crucial to focus on whether the state can prove you were fleeing without the extra baggage that can unfairly sway a jury.
If you're facing fleeing and attempting to elude charges in Central Florida, don't navigate this complex legal landscape alone. I've been defending cases like yours for over 31 years, and I'd love to help you out. Give our office a call. And if you're just here for the knowledge, I appreciate you watching. Feel free to hit that subscribe or like button-whatever helps us out. Thanks again!
The Law Office of John Guidry, P.A. (407) 423-1117
320 N Magnolia Ave. Ste B1
Orlando, Florida, 32801
email: attorneyguidry@gmail.com
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