QUESTION
Is it a felony if you leave a police stop if there is no pursuit?
Asked on Aug 29th, 2011 on Criminal Law - California
More details to this question:
Is it still a felony when an officer tells you to stop in your automobile but you leave and there is no ensuing pursuit from that officer? Or would this be a misdemeanor? Thank you very much.
18 ANSWERS
Jacob P. Sartz
It depends on where and when a person allegedly flees. The act of "fleeing and eluding" a police officer is usually charged as a felony, especially if the alleged flight occurred in a residential neighborhood with speeds under 35 mph. If you are ultimately charged, you are presumed innocent until proven guilty. The prosecutor would need to prove any allegations beyond a reasonable doubt. You have a right to council. I'd recommend you retain a lawyer if you need specific advice for your particular circumstances.
Answered on Aug 31st, 2011 at 2:02 PM
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Cynthia Henley
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Fleeing in a motor vehicle is a felony; fleeing on foot is a misdemeanor. It does not have anything to do with whether the officer chased the person but how the person got away.
Answered on Aug 31st, 2011 at 10:08 AM
Kevin Michael Smith
In CT, this would likely be an A misdemeanor of Resisting or Interfering, although an aggressive police officer or prosecutor could charge it as a felony hindering prosecution. Also, other factors may result in felony charges, such as the circumstances of the attempted stop itself. For these reasons, you should consult with an experienced criminal defense attorney before discussing the matter any further with anyone else, including posting potentially incriminating statements on a public forum like this.
Answered on Aug 30th, 2011 at 2:42 PM
Without more facts, a determination as to what crime, if any, was commited cannot be made.
Answered on Aug 30th, 2011 at 12:18 PM
Roianne Houlton Conner
You could be charged with attempting to elude.
Answered on Aug 30th, 2011 at 11:30 AM
Michael J. Breczinski
This depneds on the facts whether it would be a misdemeanor or felony. Was it on foot or in a vehicle, how fast, where, was violence involved etc. You need an attorney.
Answered on Aug 30th, 2011 at 8:50 AM
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Dennis Roberts A Professional Corporation
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Probably a misdemeanor and certainly a good way to get shot.
Answered on Aug 30th, 2011 at 7:06 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Whether or not the officer pursued you is irrelevant. You can still be charges with simple resisting arrest, a misdemeanor.
Answered on Aug 29th, 2011 at 8:30 PM
Probably neither. If there was no pursuit, no questioning, and no evidence taken, you will likely not be charged with anything.
Answered on Aug 29th, 2011 at 7:51 PM
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Eric Schurman Attorney at Law
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The circumstances you describe would indicate misdemeanor charge(s). However, the facts as alleged in the police report might be embellished and may suggest felony eluding.
Answered on Aug 29th, 2011 at 3:49 PM
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Gregory Casale, Attorney at Law
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It depends what the end charge is. The prosecutor has several options as to charges to bring and it will depend on which ones the person is charged with. It's a waste of time to speculate. However, I would strongly urge you to hire an attorney. Since there are many ways to go with this, a good attorney may be able to shape the charges, even after the fact.
Answered on Aug 29th, 2011 at 3:32 PM
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Austin Legal Services, PLC
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Fleeing/Eluding is a five-year misdemeanor and Resiting an Officer by failing to comply with his lawful commands is a two-year felony (or high court misdemeanor as they sometimes call it). Attempted R&O is a misdemeanor and is often brought to that in plea bargaining. You could still technically be charged with fleeing/eluding I think even if they didn't give chase as it would probably meet the elements of the crime. However, that pose a weak spot and could very well be used as a genuine defense in that you could reasonably believe that since they were not pursuing you that you had no further obligation to remain stopped. It's a weak argument, but a plausible one. Do not plead guilty to anything without first consulting with an attorney.
Answered on Aug 29th, 2011 at 3:22 PM
2 Awards
Fleeing or Eluding Law Enforcement is a felony regardless of pursuit. I suggest you consult and experienced Criminal Defense attorney to discuss your case in greater detail and learn all of your rights and options.
Answered on Aug 29th, 2011 at 2:23 PM
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Freeborn Law Offices P.S.
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Can't say without knowing the reasons for the stop. Without knowing more, I suggest that you consult with an attorney.
Answered on Aug 29th, 2011 at 2:21 PM
Criminal Defense Attorney serving Tustin, CA
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Wallin & Klarich, A Law Corporation
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Possible charges could include Misdemeanor 148 PC resisting or obstructing the police and 2800.1 Misdemeanor evading police.
Answered on Aug 29th, 2011 at 2:08 PM
Misdemeanor. Probably charged as Disobeying a Police Officer.
Answered on Aug 29th, 2011 at 2:04 PM
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Law Office of Joe Dane
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It sounds like it should be a misdemeanor evading, but the entire set of facts would have to be examined.
Answered on Aug 29th, 2011 at 2:03 PM
Gary Moore
Eduding the police in an automobile is a serious offense in New Jersey. The pursuit is only important to the degree of the charge. If the officer or others are endangered by your eluding the officer the charge is upgraded from a third degree crime to a second degree crime. Your description of what you did seems to be the splitting of hairs. You are at least close to having committed a criminal offense.
Answered on Aug 29th, 2011 at 2:03 PM