Santa Clarita Evading Arrest Defense Attorney
If you or someone you know has been arrested in Santa Clarita California for
evading arrest you need a qualified local criminal defense attorney for your
defense. California law provides for stiff penalties if you are convicted and the
DMV will likely suspend your driver's license. An attorney can find legal defenses
that he can use to get the charges dropped, reduced or have the punishment
minimized.
A local Santa Clarita Criminal Defense Attorney can, in most cases, go to Court on
your behalf and negotiate a favorable resolution which can involve an outright
dismissal, reduction to a lesser offense or a probation disposition to avoid jail.
The crime of evading arrest is a felony, however, California law may allow for the
case to be reduced to a misdemeanor. A Lawyer can help by meeting with the
District Attorney before the case goes to Court and presenting mitigating
evidence, and background information about the person arrested.
Recently, our attorney was able to convince a prosecutor to dismiss the charge of
evading arrest and allow our client to plead to a reduced infraction of running a
stop sign and speeding. This disposition allowed our client to save her drivers
license and keep her driving record clean of a very serious offense.
The law for evasion of arrest is codified in the California Vehicle Code as follows:
§ 2800.1. Flight from peace officer
(a) Any person who, while operating a motor vehicle and with the intent to evade,
willfully flees or otherwise attempts to elude a pursuing peace officer's motor
vehicle, is guilty of a misdemeanor punishable by imprisonment in a county jail for
not more than one year if all of the following conditions exist:
(1) The peace officer's motor vehicle is exhibiting at least one lighted red lamp
visible from the front and the person either sees or reasonably should have seen
the lamp.
(2) The peace officer's motor vehicle is sounding a siren as may be reasonably
necessary.
(3) The peace officer's motor vehicle is distinctively marked.
(4) The peace officer's motor vehicle is operated by a peace officer, as defined
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code,
and that peace officer is wearing a distinctive uniform.
(b) Any person who, while operating a motor vehicle and with the intent to evade,
willfully flees or otherwise attempts to elude a pursuing peace officer's bicycle, is
guilty of a misdemeanor punishable by imprisonment in a county jail for not more
than one year if the following conditions exist:
(1) The peace officer's bicycle is distinctively marked.
(2) The peace officer's bicycle is operated by a peace officer, as defined in
paragraph (4) of subdivision (a), and that peace officer is wearing a distinctive
uniform.
(3) The peace officer gives a verbal command to stop.
(4) The peace officer sounds a horn that produces a sound of at least 115
decibels.
(5) The peace officer gives a hand signal commanding the person to stop.
(6) The person is aware or reasonably should have been aware of the verbal
command, horn, and hand signal, but refuses to comply with the command to stop.
VC 2800.1 is a misdemeanor offense and carries with it, in addition to jail time, the
mandatory suspension of a person's driving privilege for up to one year. The
Santa Clarita Court treats these offenses very seriously. If the prosecutor alleges
that the evading was done in a "willful and wanton" disregard for the safety of
others then they can file the case as a felony. New changes in California Law now
allow the District Attorney to charge a felony if the evading involves driving in the
opposite lane of travel (Vehicle Code section 2800.4), regardless of whether the
conduct rises to the level of reckless driving.
If you are facing charges for evasion of arrest you need an
aggressive criminal attorney on your side. Contact the local Santa
Clarita Valley Criminal Defense Team for information and options
available to you at (661) 327-7833.
evading arrest you need a qualified local criminal defense attorney for your
defense. California law provides for stiff penalties if you are convicted and the
DMV will likely suspend your driver's license. An attorney can find legal defenses
that he can use to get the charges dropped, reduced or have the punishment
minimized.
A local Santa Clarita Criminal Defense Attorney can, in most cases, go to Court on
your behalf and negotiate a favorable resolution which can involve an outright
dismissal, reduction to a lesser offense or a probation disposition to avoid jail.
The crime of evading arrest is a felony, however, California law may allow for the
case to be reduced to a misdemeanor. A Lawyer can help by meeting with the
District Attorney before the case goes to Court and presenting mitigating
evidence, and background information about the person arrested.
Recently, our attorney was able to convince a prosecutor to dismiss the charge of
evading arrest and allow our client to plead to a reduced infraction of running a
stop sign and speeding. This disposition allowed our client to save her drivers
license and keep her driving record clean of a very serious offense.
The law for evasion of arrest is codified in the California Vehicle Code as follows:
§ 2800.1. Flight from peace officer
(a) Any person who, while operating a motor vehicle and with the intent to evade,
willfully flees or otherwise attempts to elude a pursuing peace officer's motor
vehicle, is guilty of a misdemeanor punishable by imprisonment in a county jail for
not more than one year if all of the following conditions exist:
(1) The peace officer's motor vehicle is exhibiting at least one lighted red lamp
visible from the front and the person either sees or reasonably should have seen
the lamp.
(2) The peace officer's motor vehicle is sounding a siren as may be reasonably
necessary.
(3) The peace officer's motor vehicle is distinctively marked.
(4) The peace officer's motor vehicle is operated by a peace officer, as defined
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code,
and that peace officer is wearing a distinctive uniform.
(b) Any person who, while operating a motor vehicle and with the intent to evade,
willfully flees or otherwise attempts to elude a pursuing peace officer's bicycle, is
guilty of a misdemeanor punishable by imprisonment in a county jail for not more
than one year if the following conditions exist:
(1) The peace officer's bicycle is distinctively marked.
(2) The peace officer's bicycle is operated by a peace officer, as defined in
paragraph (4) of subdivision (a), and that peace officer is wearing a distinctive
uniform.
(3) The peace officer gives a verbal command to stop.
(4) The peace officer sounds a horn that produces a sound of at least 115
decibels.
(5) The peace officer gives a hand signal commanding the person to stop.
(6) The person is aware or reasonably should have been aware of the verbal
command, horn, and hand signal, but refuses to comply with the command to stop.
VC 2800.1 is a misdemeanor offense and carries with it, in addition to jail time, the
mandatory suspension of a person's driving privilege for up to one year. The
Santa Clarita Court treats these offenses very seriously. If the prosecutor alleges
that the evading was done in a "willful and wanton" disregard for the safety of
others then they can file the case as a felony. New changes in California Law now
allow the District Attorney to charge a felony if the evading involves driving in the
opposite lane of travel (Vehicle Code section 2800.4), regardless of whether the
conduct rises to the level of reckless driving.
If you are facing charges for evasion of arrest you need an
aggressive criminal attorney on your side. Contact the local Santa
Clarita Valley Criminal Defense Team for information and options
available to you at (661) 327-7833.
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