What are my penalties for evading arrest? 29 Answers as of June 23, 2013

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?

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Jonathan S. Willett Attorney at Law
Jonathan S. Willett Attorney at Law | Jonathan S. Willett
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.
Answer Applies to: Colorado
Replied: 9/19/2011
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
It appears the charge pending against you may be either attempting to elude or obstruction of justice. Either of these charges could result in a jail sentence but most likely would be probation and a fine for a first offense. It is possible for a deferred adjudication, but not likely. If you are 17 years of age you may qualify for youthful offender status.
Answer Applies to: Alabama
Replied: 9/19/2011
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | 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.
Answer Applies to: New York
Replied: 9/19/2011
Mark Thiessen, Attorney at Law
Mark Thiessen, Attorney at Law | Mark Thiessen
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.
Answer Applies to: Texas
Replied: 9/16/2011
D T Pham Associates, PLLC
D T Pham Associates, PLLC | Duncan T Pham
Depends on circumstances leading to arrest and charges, court, and defense attorney.
Answer Applies to: Texas
Replied: 9/16/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    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.
    Answer Applies to: Washington
    Replied: 9/16/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Elude and evade an officer can be charged as a misdemeanor or a felony depending upon the specific facts of the case. A misdemeanor could result in a fine from $0 - $2500, and jail of zero up to 12 months. A felony will depend upon your past criminal history combined with the specific severity level of the charge.
    Answer Applies to: Kansas
    Replied: 9/16/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    HYTA Diversion.
    Answer Applies to: Michigan
    Replied: 6/23/2013
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Do you mean Felony Eluding or resisting arrest?
    Answer Applies to: Washington
    Replied: 6/23/2013
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    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.
    Answer Applies to: Michigan
    Replied: 9/16/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    There are different levels for the offense. Fleeing an officer in a motor vehicle may be a felony offense. Fleeing an officer on foot is likely a misdemeanor or a gross misdemeanor.
    Answer Applies to: Minnesota
    Replied: 9/16/2011
    The Law Office of Cindy Barton
    The Law Office of Cindy Barton | Cindy Barton
    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.
    Answer Applies to: Utah
    Replied: 9/16/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    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.
    Answer Applies to: Michigan
    Replied: 9/16/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    Evading in the Commonwealth could be a felony or misdemeanor, depending upon the circumstances. Best to get an attorney to represent you in the J&DR Court if at all possible.
    Answer Applies to: Virginia
    Replied: 9/16/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    What is a deferred jurisdiction? You can only get parole if you are sentenced to prison. Do yourself a big favor. Visit an attorney for a consultation.
    Answer Applies to: Georgia
    Replied: 9/16/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    Your case will be dismissed and you will have no criminal record if you retain a good criminal attorney.
    Answer Applies to: New York
    Replied: 9/16/2011
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    Fleeing police is a serious offense. If in a motor vehicle it is a felony, if by foot it is a gross misdemeanor. There are many possible resolutions.
    Answer Applies to: Minnesota
    Replied: 9/16/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    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.
    Answer Applies to: Texas
    Replied: 9/16/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    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.
    Answer Applies to: New York
    Replied: 9/16/2011
    Michael Breczinski
    Michael Breczinski | Michael 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.
    Answer Applies to: Michigan
    Replied: 9/16/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    There is no charge of evading arrest in Minnesota. You would likely be charged with obstructing legal process, disorderly conduct, or fleeing police, all which are misdemeanors, and usually result in a fine and probation. Parole is what a person serves when they are discharged from prison. You could receive some sort of sentence to keep the charge off your record, but there is no legal concept in Minnesota of "deferred jurisdiction".
    Answer Applies to: Minnesota
    Replied: 9/16/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    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.
    Answer Applies to: California
    Replied: 9/16/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    As a juvenile, most likely probation and being made a ward of the court (which means nothing).
    Answer Applies to: California
    Replied: 9/16/2011
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    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.
    Answer Applies to: California
    Replied: 9/16/2011
    Law Office of Daniel K Martin
    Law Office of Daniel K Martin | Daniel K 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.
    Answer Applies to: California
    Replied: 9/16/2011
    Law Office of Michael Brodsky
    Law Office of Michael Brodsky | Michael Brodsky
    Not sure what you mean by "evading arrest" because there is no such crime on the books in Washington. You might be thinking of Attempt to Elude a Police Officer which constitutes driving recklessly while attempting to elude a police officer driving a marked vehicle and employing lights or a siren. Attempt to Elude is a Class "C" felony meaning it has a maximum sentence of 5 years and $20,000. However, since you are 17 you will likely be charged as a juvenile which would reduce your potential sentence considerably. You also might be thinking of Resisting Arrest, a misdemeanor with a maximum sentence of 90 days and $1,000. or Obstructing a Law Enforcement Officer a gross misdemeanor with a maximum sentence of 364 days and $5,000. But these too would be charged in juvenile court with substantially lower sentences and several non-conviction alternatives available. As with *any* criminal charge, it is best to get the assistance of an experienced criminal defense attorney.
    Answer Applies to: Washington
    Replied: 9/16/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    You could be facing prison so you need to retain counsel.
    Answer Applies to: New York
    Replied: 9/16/2011
    Fabian & Associates, Inc.
    Fabian & Associates, Inc. | Stephen G. Fabian, Jr.
    It depends on the jurisdiction where you are charges. You may be able to work out a deferred Judgment and sentence depending, again, on the jurisdiction of the Charge.
    Answer Applies to: Oklahoma
    Replied: 9/16/2011
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