Is it a felony if you leave a police stop if there is no pursuit? 35 Answers as of June 24, 2013

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.

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Anderson Law Office
Anderson Law Office | Scott L. Anderson
Fleeing in a motor vehicle is a felony.
Answer Applies to: Minnesota
Replied: 6/24/2013
Law Offices of John Carney
Law Offices of John Carney | John Carney
If you do not obey a reasonable order of a police officer you will be charged with misdemeanor Obstruction of Governmental Administration. The case will likely be dismissed if you retain a good criminal attorney.
Answer Applies to: New York
Replied: 9/2/2011
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
If they charge it, it would most likely be charged as a misdemeanor.
Answer Applies to: Kansas
Replied: 8/31/2011
Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
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.
Answer Applies to: Michigan
Replied: 8/31/2011
Law Office of Jonathan T. Sarre
Law Office of Jonathan T. Sarre | Jonathan T. Sarre
There's a crime called "Attempt to Elude" that a person commits when he or she, after having been given an audio or visual signal to stop by a police officer, doesn't stop and keeps going. The crime is a felony if you keep going in the vehicle, its a misdemeanor if you get out of the car and take off. In your situation, I would say the felony best fits the facts, but most cops would give chase so the question is did he pull you over? If so why did he let you go? I may need more information on this question, but it's still a felony if you actually (and not just attempt to) elude.
Answer Applies to: Oregon
Replied: 8/31/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    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.
    Answer Applies to: Texas
    Replied: 8/31/2011
    Kevin Smith, Attorney at Law
    Kevin Smith, Attorney at Law | Kevin 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.
    Answer Applies to: Connecticut
    Replied: 8/30/2011
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    It is hard to say without knowing all the facts of the case, but it sounds like a misdemeanor based on what you described.
    Answer Applies to: Georgia
    Replied: 8/30/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    Without more facts, a determination as to what crime, if any, was commited cannot be made.
    Answer Applies to: Michigan
    Replied: 8/30/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    I'm not sure what felony it would be either unless the cop has a different version of the events than you do.
    Answer Applies to: California
    Replied: 8/30/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    You could be charged with attempting to elude.
    Answer Applies to: Alabama
    Replied: 8/30/2011
    Michael Breczinski
    Michael Breczinski | Michael 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.
    Answer Applies to: Michigan
    Replied: 8/30/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Probably a misdemeanor and certainly a good way to get shot.
    Answer Applies to: California
    Replied: 8/30/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    provided that no accident is involved, and you are not leaving the scene of an accident, you could be charged with failure to obey a police officer. The charge would be a misdemeanor.
    Answer Applies to: Alabama
    Replied: 8/30/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    It is not a felony, but a misdemeanor offense, but saying that, you should hire counsel to represent him in the event the police come-a-calling!
    Answer Applies to: Illinois
    Replied: 8/30/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Whether or not the officer pursued you is irrelevant. You can still be charges with simple resisting arrest, a misdemeanor.
    Answer Applies to: New York
    Replied: 8/29/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Probably neither. If there was no pursuit, no questioning, and no evidence taken, you will likely not be charged with anything.
    Answer Applies to: California
    Replied: 8/29/2011
    Eric J Schurman, Attorney at Law
    Eric J Schurman, Attorney at Law | Eric James Schurman
    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.
    Answer Applies to: Washington
    Replied: 8/29/2011
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    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.
    Answer Applies to: Massachusetts
    Replied: 8/29/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    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.
    Answer Applies to: Michigan
    Replied: 8/29/2011
    Tim Paynter, Attorney at Law
    Tim Paynter, Attorney at Law | Tim Paynter
    One needs a bit more information to give a good answer to this question. Under what circumstances did "one" leave a police stop without the officer pursuing? It might be charged as failing to obey a lawful order of law enforcement. On the other hand, if the officer presumed a felony was in process then he could add felony charges. If pursuit was had but broken off because the person wandered into a neighborhood then it would likely be charged as a felony. For a better answer, please give more details about the traffic stop and how one was able to leave without the police giving pursuit. Best of luck.
    Answer Applies to: Colorado
    Replied: 8/29/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Difficult to answer. Depends on other factors, and officer's interpretations of those factors.
    Answer Applies to: Georgia
    Replied: 6/11/2013
    John Segelbaum, P.S.
    John Segelbaum, P.S. | John Segelbaum
    Based on your description it would be a misdemeanor.
    Answer Applies to: Washington
    Replied: 8/29/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Can't say without knowing the reasons for the stop. Without knowing more, I suggest that you consult with an attorney.
    Answer Applies to: Washington
    Replied: 8/29/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    It would be considered felony eluding.
    Answer Applies to: Washington
    Replied: 8/29/2011
    Shane Law Office
    Shane Law Office | Robert J. Shane
    Yes, it is a felony offense to flee a police officer in a motor vehicle when a person refuses to stop after being given a signal by the police officer to stop. An actual police chase is not required under the law to support a criminal prosecution.
    Answer Applies to: Minnesota
    Replied: 8/29/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Fleeing police in an automobile, when stopped would constitute a felony whether the officer pursues or not.
    Answer Applies to: Minnesota
    Replied: 8/29/2011
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    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.
    Answer Applies to: Florida
    Replied: 8/29/2011
    Wallin & Klarich
    Wallin & Klarich | Stephen D. Klarich
    Possible charges could include Misdemeanor 148 PC resisting or obstructing the police and 2800.1 Misdemeanor evading police.
    Answer Applies to: California
    Replied: 8/29/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    It sounds like it should be a misdemeanor evading, but the entire set of facts would have to be examined.
    Answer Applies to: California
    Replied: 8/29/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    For the charge to be a felony, it would have to be deemed that the person "fled" from the police. That term has a broad definition however, so even with the set of circumstances, a prosecutor could try to pursue the felony. More likely however, the charge would be misdemeanor obstructing legal process, which is where a police officer gives an order and the order is disobeyed, or a person in some way interferes with the performance of the officer's duties.
    Answer Applies to: Minnesota
    Replied: 8/29/2011
    Watkins Law Office
    Watkins Law Office | Bob Watkins
    Misdemeanor. Probably charged as Disobeying a Police Officer.
    Answer Applies to: New Hampshire
    Replied: 8/29/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | 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.
    Answer Applies to: New Jersey
    Replied: 8/29/2011
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