We have all seen car chases on TV - we watch in suspense as we wonder if the driver will get away or if the cops will catch up and arrest the elusive driver. Even though it seems exciting to watch on TV, eluding a law enforcement officer is a serious crime that comes with severe penalties; including prison or having your driver’s license revoked.
While the precise definition of eluding an officer can vary from state to state, the basic definition of eluding an officer is when a driver disobeys an officer’s command to stop whether you are in a vehicle or on foot.
In Florida, it is against the law (FL. Stat. 316.1935) to flee or attempt to elude a law enforcement officer.
Penalties for fleeing and eluding a law enforcement officer are severe. Even first-time offenders have a significant possibility of receiving jail time.
You may be found not guilty if your attorney can prove:
In cases of resisting arrest, the prosecutor always has to prove that the law enforcement officers were engaged in the lawful execution of a legal duty and that the defendant’s actions amounted to obstruction or resistance of that lawful duty.
A police officer will sometimes call out to someone on the street, and that person will intentionally ignore the officer and walk away. The officer, upset by the fact that the individual has ignored his call, then commands the person to stop whereupon he arrests that individual for resisting arrest without violence.
Such an arrest is unlawful because the officer had no legal right to command the person to stop simply because he walked away from the officer. The officer was not engaged in the lawful execution of a legal duty. If you are accused of fleeing or eluding a law enforcement officer, call Ronald Chapman to assist.
Ronald Chapman practices criminal defense in both State and Federal Courts within the State of Florida. Since 1990, Mr. Chapman has been representing people accused of committing various types of crimes. If you are facing criminal charges in Florida, Ronald Chapman can help.
Visit us at https://www.justiceflorida.com/ You can also connect with the West Palm Beach Criminal Defense Office online today! Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. Contact him today to begin to discuss your case.
Ronald S. Chapman, P.A.
400 Clematis Street, Suite 206
West Palm Beach, FL 33401
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