Fleeing & Eluding: Fort Myers Criminal Attorney
Proving the Intent Behind Police Evasion
Looking for an attorney for a fleeing and eluding case in Fort Myers? Given
the degree of effort that is required to effectively evade a law enforcement
officer's attempt to arrest or detain a suspect, the act of doing
so is relatively uncommon. Although there are rare instances of heated
police chases, far more often the individuals who are accused of evading
an arrest are those who were genuinely unaware of the attempts being made
to detain them.
When a police car's lights go on, no one can be sure who the law enforcement
officer has chosen to target. As such, some of the actions by a suspect
at the time of arrest could seem like resistance, even though the true
nature of the evasion stems from nothing more than a misunderstanding.
Persons who have been accused of evading arrest for one of these reasons
should immediately retain the professional services of a
Fort Myers criminal defense lawyer at our office.
In order for any defendant to be convicted for his or her attempts at evading
arrest, it must first be proven that the deliberate intent to do so existed.
Mistakenly avoiding an officer's attempts to detain or arrest an individual
is not considered substantial reason to convict on charges of arrest evasion.
Proving this, however, can be a challenging task and should not be undertaken
by anyone other than a proven defense attorney whose skills have been
effective in past cases.
Your Right to Walk Away
When law enforcement officers interact with any member of the public, the
un-badged individual has the right to walk away from the situation. Although
there are exceptions to this caveat, the general theory behind this right
allows for consensual encounters with an officer to be left, whether or
not doing so was suggested by the attending officer.
An individual's legal right to walk away from their encounter with
a law enforcement officer can be used in defense of a defendant who has
since been accused of evading arrest. Exercising one's legal rights
cannot be adequately challenged when there is no supporting evidence that
would suggest mal-intent behind the action.
Was the attempt at arrest made lawfully?
Accusations of police evasion are only taken as credible if it can be unequivocally
proven that the attempt at arrest (or detention) was lawful in nature.
When a person is charged with evading arrest and nothing else, it is a
red flag. A solo criminal charge for police evasion is immediate reason
to doubt the intent behind the charges that were made in the first place.
This is because a supplemental charge should exist which denotes the original
intent behind an officer's attempt to make an arrest. If no other
criminal charges are cited, the lawful intent of the law enforcement officer's
attempt at arrest should be questioned, if not challenged entirely.
Building a Defense for Your Case
You don't want to get stuck with the penalties that are sentenced to
defendants who are ultimately convicted of evading an arrest. Therefore,
you need to employ the services of an experienced and effective defense
attorney. With the right attorney on your side, the following elements
of your case can be challenged and defended in court:
Willfulness: If it can be proven that your evasion was not a willful action, but rather
one of misunderstanding or inattention, you cannot be held legally responsible
for evading arrest. This type of defense can also be used if you were
forcefully prevented from responding to a law enforcement officer despite
your desire to do otherwise.
Intention: A person's intent can also be a good reason for police evasion accusations
to be thrown out. If you never intended to evade the attempts at arrest
that were made by a law enforcement officer, then you cannot be held legally
responsible for doing so. This type of defense can be used on behalf of
persons whose level of intoxication impaired their ability to make any
rational, intentional decision.
Deficient Evidence: Specific elements must be proven in order for an allegation of arrest
evasion to be valid. These elements must be proven with evidential support;
when not enough support exists, you cannot be held legally responsible
for evading arrest. For example, if the arresting officer was not in a
distinguishing uniform or a marked car, the case needs to be thrown out.
Developing a strategy that can be used to defend you against criminal allegations
of this nature requires the professional tactics of a skilled defense
attorney. Therefore, we encourage you to speak with a lawyer at our office
as soon as possible. Upon discussing the details of your case, a thorough
review of the incident leading up to your charges can be made. Once all
of the elements involved in the accusation have been reviewed, a defense
can be built on your behalf.
If you have been accused of fleeing and eluding,
contact a Fort Myers criminal defense lawyer from our firm as soon as possible. We offer a
free case evaluation, so call today at (239) 204-5657.