What is the maximum jail time someone can get for criminal felonies such as attempting to elude a police officer?

Question

My friend has criminal felony proceedings:  eluding/ attempting to elude a police officer, reckless driving, possession of alcohol by a person fewer than 21 years of age, and he violated his probation in another county. What is the most time he will get?

George Derieg · Answer

For a felony evading found under California Penal Code Section 2800, the most time a person is looking at is state prison at the amount of 16 months, 2 years or 3 years. That is if he is sentenced to prison. Most likely he will get probation and jail time in the county he was arrested in. I do not know what he's looking at in the other county since I do not know what he is on probation for.

Gregory Casale · Answer

It is impossible to predict the final disposition without much more information. Such as, what were they on probation for originally, what is their criminal history, what was the blood alcohol (Breath Test - BT) results, if any, etc. The person should not be thinking about going without an attorney and whether that attorney is court appointed or privately hired, he or she should be able to give you an idea of outcome after looking over all pertinent facts.

Michael J. Breczinski · Answer

This depends on the circumstances but often Fleeing and eluding charges can carry up to five years in prison.

Larry Dunn · Answer

All of the crimes you describe involve varying punishments and cannot be   properly evaluated without more information such as the amount of suspended   sentence already pending in the probation violation. Also attempting to  elude a  police officer is a lesser included offense to eluding a police  officer. The  remaining offenses are misdemeanors and the maximum penalty for each  is up to  six months in jail for each offense.

Dennis P. Mikko · Answer

Determining a sentence depends on many factors that are applied to the Michigan Sentencing Guidelines.  An accurate answer cannot be given.

Mark Smith · Answer

The maximum penalty for eluding the police is 1 year in jail. I have yet to   see any jail sentence for eluding.

Jared Winter · Answer

Evading charges can be filed as either a felony or a misdemeanor.  The max for the evading misdemeanor is 1 year, for the felony it's 3.  The amount of time will depend on what type of charge his probation is for, because a new conviction will certainly violate his probation.  Time to get a lawyer.  He could be facing a significant amount of time.

Jared Altman · Answer

Sounds like time. How much?  I don't known.

Terry Nelson · Answer

Every crime has its own  time  specified in the Penal Code.  A felony ranges from one to 25 years or more.  What you have described probably has him facing 2-4 years prison time if convicted and sentenced to the max.  A probation violation could mean return to jail or prison on that original sentence.    When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do?  Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial.  If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate.

Francis Cowhig · Answer

This is a complicated question to answer with the information provided. Usually the sentence for eluding police is a maximum of 3 years.  The reckless driving and possession of alcohol by a minor under 21 are usually filed as misdemeanors with a maximum jail sentence of 1 year.  The probation violation will depend on why the person was on probation and what charges were filed in the other county.  Sentences can run concurrently or consecutively depending on the charges and other factors.  I strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your friend's arrest and his criminal history.  He/she would then be in a better position to analyze his case and advise him of his options.

Gregory Crain · Answer

Does not sound like felonies.

Mark R. Thiessen · Answer

Jesus.  Felony is 2-10 years in prison.  All the other misdemeanors is jail less than a year.  But they can try and stack them against you.

Steven Alpers · Answer

Felony evasion can get 16 months 2 or 3 years prison. Reckless driving probably would not add additional time, if that was the failure to stop for the police.  Possession of alcohol by a minor is 6 months top and a one year license suspension.  But all of this depends on the other county's case. It could add months or years depending on what law your friend violated in the other county.

Austin Hirschhorn · Answer

The amount of jail time a person gets depends upon what the person is finally charged with and what disposition is made of that charge and the sentence that the judge determines is appropriate for the person.  Your friend needs the help of a good criminal lawyer because you are talking about proceedings that could take place in the District Court's and Circuit Court's in more than one county.  It is impossible for me to predict what might happen based upon the question you have asked.

Paul J. Wallin · Answer

I think you mean evading a police officer I calif he can get up to 3 yrs in jail for one count of that charge. He can likely get additional time on a probation violation depends upon what he is on probation for.

Matthew Kober · Answer

That question is too hard to answer without more facts.  The maximum penalty for a 2nd Degree felony is 15 years, for a 3rd Degree Felony is 5 years, for a Class A Misdemeanor 1 year, Class B is 6 months.  But the problem is the sentences could run consecutively or concurrently (either all at the same time so you only serve the max, or you serve one period, and then the next, and then the next etc.).   Except for really egregious situations, its rare to get the max penalties.

Leonard A. Kaanta · Answer

At least 5 years.

Steven Fairlie · Answer

The maximum time will depend on what he was on probation for in the other county as he can get up to the maximum that charge orignally carried plus the maximum for the new felony, which is at least 7 years, plus time for any other charges against him.  Your best bet is to talk to a lawyer as the lawyer can ask questions and then give you specific answers.

Michael Lynch · Answer

It sounds like what you are describing is a violation of Vehicle code  section 2800.2 Wanton Flight. Providing no one was injury during such an  occurrence, the maximum sentence would be three years.  If however  someone was injured, VC 2800.3, the maximum sentence would be seven  years.  If that injury resulted in a death the maximum sentence could be  ten years. Hope that is the information you are seeking.

Gary Moore · Answer

The law is not based on some board of buttons that one pushes for each situation. What will happen depends on the particular facts of each case.

Russell Pietryga · Answer

Attempt to flee or elude a police officer, if found guilty, is a 3rd degree felony.  A 3rd degree felony of this type is punishable as follows:  3rd Degree Felony-a term of incarceration not to exceed five years. Fine of not less than $1,000 and not to exceed $5,000+ 90% surcharge.  Reckless driving is a class B misdemeanor punishable as follows:  Class B-imprisonment not to exceed 6 months, Fine not to exceed $1,000+90% surcharge.  Possession of alcohol by a person at least 18 years old, but younger than 21 years of age has the following penalties: In addition to suspension of his driver license imprisonment not to exceed 6 months, Fine not to exceed $1,000+90% surcharge.  As for probation.  Probation is a privilege and not a right.  That means the court probably stayed a certain amount of jail/prison when the judge agreed to probation.  You are going to have to look at the court order to see what the remaining sentence could be, based on a violation of probation.

Robert De Groot · Answer

One cannot accurately give an answer without knowing the precise statutes and a complete criminal record. A 3rd degree felony can get a prison sentence of 5 years, a 2nd degree felony is 15 years. Misdemeanors carry a 1 year potential in the county jail. Those are the max, and are usuallly not likely.

Michael Edwards · Answer

0-5 years in prison on the new charges, with the possibility that it will be served consecutive (rather than concurrent) with his probation violation case sentence.  This means that he could be ordered to serve all of the jail or prison time on one case, and then when that is done, serve all of the time for the other case.  He needs a good attorney!

Stuart Nachbar · Answer

Eluding is the 3rd degree felony w/ six months jail, the reckless and   alcohol I believe are misdemeanors (up to 90 DAYS) and the violation of   probation is at court discretion. Get him counsel.

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What is the maximum jail time someone can get for criminal felonies such as attempting to elude a police officer?

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