Evading Arrest

Orange County evading arrest lawyer, William Weinberg is an experienced attorney who has successfully defended hundreds of clients, including those who have been charged with evading arrest. Mr. Weinberg is a zealous advocate for the clients that he represents and has a track record of proven results. Mr. Weinberg takes the time to individually review each potential client's case to provide a plan that works best for their circumstances.

While operating a motor vehicle in California, it is illegal to willfully flee from a police officer who is driving a motor vehicle per Vehicle Code Section 2800.1(a). It is also illegal to evade a police officer on a bike, however this does not happen as often as a person evading a police officer who is driving a motor vehicle. An experienced evading arrest attorney in Orange County can help fight these charges if you or someone you know has been arrested for evading arrest.

In order to convict someone of evading arrest, the prosecution must prove:

1. A police officer driving a motor vehicle was pursuing the defendant;
2. The defendant was also driving a motor vehicle and willfully fled from or tried to elude the officer, intending to evade the officer;
3. AND all of the following were also true:
   1. There was at least one lighted red lamp visible from the front of the police officer's vehicle;
   2. The defendant either saw or reasonably should have seen the lamp;
   3. The police officer's vehicle was sounding a siren as reasonably necessary;
   4. The police officer's vehicle was distinctively marked;
   5. The police officer was wearing a distinctive uniform.

Evading a police officer under VC 2800.1 is a misdemeanor offense, however evading a police officer can also be charged as a felony offense if the person is reckless in their flight from the police. Examples of this could include if a person initiated a high-speed chase, ran through traffic lights, or crashed their car while they were fleeing from a police officer. Both of these offenses are less serious than California Vehicle Code 2800.3 however, which covers situations where a person was evading a police officer and subsequently caused serious bodily injury or the death of another person. Although your intentions do matter in proving that you evaded a police officer, your intentions don't matter when it comes to the subsequent results of your actions in evading a police officer. If you ultimately injure someone because of your actions in evading a police officer, under the law it does not matter if you did not intend to harm that person.

Although you may think of a high-speed car chase when you picture a person evading arrest, this is not the only situation in which a person could be charged with this crime. For example, suppose a person has an expired license plate. A police officer notices this and flashes his lights to signal the person to pull over. The person is just getting off a really long shift at work and is exhausted so they keep driving because their home is right down the street, thinking they'll just pull over when they get home. Technically this person could be charged with evading arrest.

Penalties

If convicted for evading a police officer, you may face up to six months to one year in jail and/or up to $1,000 in fines. Additionally, the vehicle you used to evade the officer may also be seized and impounded for up to thirty days. However, an experienced evading arrest attorney in Orange County can help you if you have been charged with this type of crime.

Orange County evading arrest lawyer William Weinberg is an experienced lawyer in Orange County who has many years of experience defending clients charged with various crimes. He will consider your case free of charge and advise you of your options. To reach him please contact his Irvine office at 949-474-8008 or by emailing him at bill@williamweinberg.com.

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