Vehicle Code 2800.1 VC - Evading a Police Officer in a Vehicle
California Vehicle Code 2800.1 VC makes it a crime to flee from or try to elude a peace officer when you're driving a vehicle, and the officer pursuing you is in a vehicle or on a bicycle, a misdemeanor offense that carries up to one year in county jail.
VC 2800.1 says, “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…”
We see people running from the police all the time on the news. The news media glamorizes this; it often puts the chase on TV and has people talking about it.
The reality is that the prosecutors and judges in LA County take this type of behavior very seriously, and they punish it accordingly. If you're charged with felony evading under Vehicle Code 2800.2 VC, it's crucial to seek legal representation. As someone with twenty-five years of experience in handling these cases, I can guide you through the process and fight for your rights.
Misdemeanor vs. Felony Evading Arrest
The difference between felony-evading and misdemeanor-evading arrests involves the driver's conduct. If the driver is highly reckless, going at high speeds, endangering public safety, running multiple red lights, or running stop signs, then obviously, that case will be filed as a felony-evading arrest, and the prosecutors and judge will be looking to send that person to prison.
On the other hand, if it's a short chase and not many traffic lights are run, it's not very dangerous, and often, that case will be filed as a misdemeanor. California Vehicle Code 2800.2 VC defines felony evading.
And, of course, there are those cases that kind of run in the middle when it comes to evading arrest, and that's where an attorney is going to come in and try to fight — and either try to get the case dismissed – if it's one of those on the fence between a misdemeanor and dismissal — or if it's a clear evading, but whether it's a felony or a misdemeanor.
That's when somebody can fight and show all the elements necessary to get the misdemeanor.
What Should You Expect?
In my experience, the prosecutors' presumption regarding felony evading is that whoever committed the offense will go to prison. Of course, several factors decide whether somebody goes to prison, gets to county jail, or gets some community service regarding felony evading.
The distance traveled by the person is undoubtedly going to be a factor. Did the person travel one mile, or did the person travel twenty miles? The greater the distance, the more danger there is, the more police resources are needed to deal with that person, and the more harsh the prosecutors will be.
In some cases, the defendant has a defense and says, "Listen, I didn't even know the police were behind me. As soon as I realized that the police were behind me, I pulled over, stopped my car, and cooperated with them." So, all sorts of scenarios can occur regarding an evading case in Los Angeles County.
The key is that you will need an advocate to get your version of events across to the prosecutors and judges. An attorney can help you understand the charges, navigate the legal process, and develop a defense strategy.
I get my clients in, and we sit down. I go over the whole story. Tell me the truth about what happened. Please don't leave anything out; don't put any spin on it, and then after I've got everything, and I know precisely how the prosecutors are going to attack us and what the police are going to say, that's when we design the plan to keep you out of prison.
That's when we design the plan to save your rights, your reputation, and your freedom. So, we'll sit down and meet under the attorney-client privilege's cloak. We'll review everything and figure out precisely what it will take to get you the desired result.
We'll review examples from other cases I've done, and we'll figure out the result you can get. We'll talk about the tendencies of the judge and the prosecutor in your courthouse and determine our best strategy for success!
What Are the Common Defenses?
Understanding the common defenses is crucial for anyone facing charges of evading the police. Seeking legal advice and understanding your options can empower you in this challenging situation.
Those people who are charged with evading the police are facing prison time. Prosecutors, judges, and the police are sick and tired of seeing people on the news running away from the police, and they consider this very dangerous.
I know that in Los Angeles County, the policy is that anyone caught evading will face a prison sentence. I have successfully got probation for those people with no criminal record, and, of course, the shorter the chase, the better off the person will be because the prosecutors figure they are less dangerous.
I do see some cases that are over-filed, where there's a very short chase, and the client has a defense that they didn't realize the police were chasing them, and therefore, it shouldn't be an evading case. 'Over-filing' refers to situations where the severity of the charges may not match the circumstances of the case, and it's a common issue in the legal system.
I've been handling these cases now for the past 30 years. But, unfortunately, it's become more and more of a political crime for the prosecutors concerned about road deaths, especially in LA County, where there are many drivers and accidents. So, the prosecutors and judges are pretty harsh in these cases.
But strategy-wise, regarding how to get the best result, first, we've got to sit down and meet and see if they can prove the case against you. We'll go over the elements of the crime of evading, and then we'll determine whether the prosecutor can meet every one of the elements.
If the prosecutor can meet every element of the case, we'll discuss a mitigation package that I can present to the prosecutor. We'll meet with their supervisor and explore options for a reasonable sentence that keeps you out of prison. There's always a chance for a positive outcome, and I'm here to help you navigate this process.
If there are issues with the prosecutor meeting some of the elements of the case, we'll set the case for a preliminary hearing. This is like a mini-trial where I cross-examine any witnesses they call. The legal system is designed to ensure a fair process, and if the prosecutor can't meet every element of an evading case, the Judge must dismiss the case. You can trust in the fairness of the legal process.
It's essential to examine the prosecutor's case and strategize our defense thoroughly. We'll dissect every aspect, leaving no stone unturned in our pursuit of a favorable outcome.
See if any investigation helps us in your case. Once we've decided whether to fight or mitigate it, I will be in charge of executing the plan to get you the best possible result.
So, if you or a loved one is charged with evading, you need a plan to deal with it; you've come to the right place. Let me put my experience to work for you. Let me fight for you. Pick up the phone now. Ask for a meeting with Ron Hedding. I stand ready to help you.
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