More details to this question:
My brother got arrested last week and his charges are "Evading Arrest" and "Tampering with Government Records". This is what happened: He had borrowed his friend's car and on his way to dropping it off to his friend at the friend's house a cop turned his lights on him but my brother did not stop until he got to his friend's house which was about 5 - 10 minutes from the time the cop turned on the lights. Once he arrived at the destination my brother had his hands up inside the car and cop wanted him to open the door but the door locks if the window is down and it was down. He tried explaining to the officer but he didn't believe him and so he dragged him out through the back door. He never resisted. According to the officer initial pull over was because back lights were not working. Once he got to the Police Department, my brother gave another name which is why he got charged with "tampering with government records". He didn't have a fake ID with him or any identification. I don't feel these charges are correct. Are they?
3 ANSWERS
Michael J. Breczinski
The charges would be fleeing and eluding for not stopping and false information to a police officer.
Answered on Jun 20th, 2013 at 9:52 AM
Resisting arrest is when an individual delays or obstructs a peace officer who is acting within their legal capacity. In this case, it seems as if there is enough to charge your brother with resisting arrest. However, based on the information you provided, your brother may have a defense based on the fact that he did not willingly or intentional delay the peace officer. As in the evading, the fact that your brother did not pull over for several minutes meets the elements of evading. He may have explanation to the charge which would act as a defense when the case is negotiated or fought. As the false name or information to the police officer, again, it seems like a valid charge, however, there may be defenses to this charge. My suggestion is to hire an attorney who is well versed in these type of charges so your brother is protected.
Answered on Jun 18th, 2013 at 8:50 AM
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I suspect there are a number of other factors in your rather case and would need those details before I could form any opinion other than the fact that he will need a good and experienced defense attorney. He is welcome to call my office with details and for an appointment.
Answered on Jun 17th, 2013 at 9:22 PM