Evading a Police Officer in California - Vehicle Code 2800.1 VC
We see all the time on the news -people running from the police. The news media glamorizes this, a lot of time puts the chase on TV, has people talking about it. The reality is, the prosecutors and judges in LA County hate this type of behavior and they punish it accordingly. If you're charged with felony evading pursuant to Vehicle Code Section 2800.2, you should contact somebody like me who's been doing this for twenty-five years and has handled these cases since they became popular. Over the course of the last twenty-five years, I've handled many – both felony and evading cases – and had much success.
Misdemeanor vs. Felony Evading Arrest
As far as the difference between felony-evading and misdemeanor-evading arrest, it really has to do with the conduct of the driver. If the driver is extremely reckless, going at high speeds, endangering the public safety, running multiple red lights, running stop signs – then obvious that case is going to be filed as a felony-evading and the prosecutors and judge will be looking to send that person to prison.
If, on the other hand, it's a short chase and not many traffic lights are run, it's not very dangerous, then a lot of times that case will be filed as a misdemeanor case. 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 obviously 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 comes in that can fight and show all the elements necessary to get the misdemeanor.
What to Expect When It Comes To A Felony-Evading
The presumption for the prosecutors in my experience when it comes to a felony-evading, is that whoever committed that time is going to go to prison. Of course, there's a number of different factors that go into deciding whether somebody goes to prison or gets county jail or gets some community service when it come to a felony-evading.
The distance traveled by the person is certainly going to be a factor. Did the person travel one mile or did the person travel twenty miles? Obviously the greater the distance, the more the danger, the more police resources are needed in order to deal with that person, and the more-harsh the prosecutors are going to be.
Some cases, the defendant actually has a defense and says listen, I didn't even know the police were behind me and as soon as I realized that the police were behind me, I pulled over, stopped my car and cooperated with them. So, there are all sorts of different scenarios that can occur when it comes to an evading case in Los Angeles County.
The key is that you're going to need an advocate to get your version of events across to the prosecutors and judge.
I get my clients in, we sit down – I go over the whole story. Tell me the truth about what happened. Don't leave anything out; don't put any spin on it, and then after I've got everything, and I know exactly 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, to save your reputation and to save your freedom. So, make the call now, we'll sit down and have a meeting under the cloak of the attorney-client privilege, we'll go over everything and we'll figure out exactly what it's going to take to get you the result you need.
We'll go over examples from other cases that I've done, and we'll figure out the result that you can get in your case. We'll talk about the tendencies of the judge and the prosecutor in your courthouse and we'll figure out our best strategy for success!
How to Get the Best Result in an Evading the Police Case?
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 in Los Angeles County that their 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 prosecutor's 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.
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 on these cases.
Review of the Case Details
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 they can, we'll talk about a mitigation package that I can present to the prosecutor, meet with their supervisor, and see what we can do about getting you a reasonable sentence that keeps you out of prison.
If, on the other hand, there are issues with them meeting some of the elements of the case, we'll probably set the case for a preliminary hearing. That's like a mini-trial where I cross-examine any witnesses they call. The people are tasked with putting on their evidence, and if they can't meet every element of an evading case, the Judge must dismiss the case.
Fight the Case or Mitigation?
So, we need to look at everything, piece by piece, inch by inch. Look at the prosecutor's case. Look at what we can do to defend the case.
Maybe see if there's any investigation that might help us in your case, and then once we've decided whether to fight or mitigate it. Then, 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 the 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 at the ready to help you.