QUESTION
What are my penalties for evading arrest?
Asked on Sep 15th, 2011 on Criminal Law - New York
More details to this question:
A 17 year old was arrested for evading arrest and ticketed for minor with cigarettes. The ticket was dropped. What are the penalties for evading? This is my first offense ever. Can I get a deferred jurisdiction? Parole?
16 ANSWERS
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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HYTA Diversion.
Answered on Jun 23rd, 2013 at 11:55 PM
The penalties are probably a maximum of one year in jail. However, if you have no record, you will likely see probation and community service. Also, if you have no record, you should shoot for a deferred judgment.
Answered on Sep 19th, 2011 at 2:00 PM
Theodore W. Robinson
A case of this nature would usually wind up with an Adjournment in Contemplation of Dismissal, an ACD. Speak to a lawyer if youneed to. Good luck.
Answered on Sep 19th, 2011 at 6:01 AM
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Is it evading on foot or in a vehicle. In a vehicle is a felony and very serious with heavy prison time. An evading on foot is a misdemeanor and could be punishable up to 1 year in jail. You may qualified for deferred if the DA offers it. Parole is only for people who go to prison and get out. In either case, you need to hire the best lawyer you can.
Answered on Sep 16th, 2011 at 3:10 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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You do not say what you were evading arrest for. If the arrest was for a felony, or you have a prior criminal history, it could very much impact how the prosecutor and the court wish to deal with you.
Answered on Sep 16th, 2011 at 2:33 PM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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I am not aware of an offense called "evading arrest." However, there are charges of resisting and obstructing, which may be what you are referring to. Only by knowing your Court, the prosecutor, and the criminal history of the person charged can a prediction be made about what to expect. You should address these questions to the attorney you hire, explaining the individualized facts to the attorney.
Answered on Sep 16th, 2011 at 2:08 PM
As minor penalties are different than an adult. If you were an adult, evading can be a felony. This of course has greater penalties. If you are charged as a minor, court probation and fines are the likely penalty. Remember, fear is a poor decision maker. Facing issues is usually easier than running. I have never heard of "deferred jurisdiction" in Utah. You only get parole after you have been to prison. I think it likely that you would get probation.
Answered on Sep 16th, 2011 at 1:51 PM
Simple fleeing and alluding is a 2 year felony. There are other factors that can increase the maxinum penalty. It is unlikely that a court would allow a deferred sentence. How much jail/prison time a person might get would depend on many factors to be considered during the pre-sentence investigation.
Answered on Sep 16th, 2011 at 1:19 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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Evading on foot is a misdemeanor if it is the first offense. Evading in a motor vehicle is a felony. You need a lawyer. You can probably get deferred but that is the worst that you want. There is a possibility of getting pretrial diversion. At 17 you are an adult for criminal law purposes.
Answered on Sep 16th, 2011 at 12:54 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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I don't know how you evaded arrest ... my guess is that you're charged with "resisting arrest". If it's your first offense and no one got hurt you probably won't fail jail or even parole.
Answered on Sep 16th, 2011 at 12:25 PM
Michael J. Breczinski
It is calle resisting and obstructing a police officer and can be either a misdemenor or felony depending on the corcumstances. A Felony can carry prison a misdemeanor only jail. You need an attorney.
Answered on Sep 16th, 2011 at 11:50 AM
Evading a police officer if not in a car is covered by penal code section 148. This sounds like a simple evading meaning just running from the police on foot. The maximum sentence for this as a misdemeanor would be one year in county jail and or $1000.00 fine. With an attorney you should work out a deal where you plead guilty and you get an informal deferred entry of judgment. With this after you finish your probation the case may be recalled and the case dismissed. A typical sentence in this should be something like three years probation, 15 days Cal Tran, and a fine. You can only get parole if you are sentenced to state prison.
Answered on Sep 16th, 2011 at 11:21 AM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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As a juvenile, most likely probation and being made a ward of the court (which means nothing).
Answered on Sep 16th, 2011 at 11:16 AM
Daniel Kieth Martin
In California the penalties for felony evading arrest are either probation or 16 months, 2 years, or 3 years in prison. Evading is a wobbler, or a crime that can be charged as a misdemeanor or as a felony. A person who has not suffered two prior felony convictions is statutorily eligible for probation unless they are charged with a crime that precludes probation.
Answered on Sep 16th, 2011 at 11:11 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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In California I believe evading (PC 148) is a wobbler punishable either by county jail time or by 16 months, 2 or 3 years in prison. I believe that after realignment it will become a county jail felony with the same punishment.
Answered on Sep 16th, 2011 at 11:11 AM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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You could be facing prison so you need to retain counsel.
Answered on Sep 16th, 2011 at 11:04 AM