What is the maximum jail time someone can get for criminal felonies such as attempting to elude a police officer? 45 Answers as of June 28, 2013

My friend has criminal felony proceedings: eluding/ attempting to elude a police officer, reckless driving, possession of alcohol by a person fewer than 21 years of age, and he violated his probation in another county. What is the most time he will get?

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Law office of Robert D. Scott | Robert Scott
Each Felony conviction carries a penalty of 1- 5 years or more incarceration
Answer Applies to: Maryland
Replied: 8/15/2012
Law Office of George M. Derieg
Law Office of George M. Derieg | George Derieg
For a felony evading found under California Penal Code Section 2800, the most time a person is looking at is state prison at the amount of 16 months, 2 years or 3 years. That is if he is sentenced to prison. Most likely he will get probation and jail time in the county he was arrested in. I do not know what he's looking at in the other county since I do not know what he is on probation for.
Answer Applies to: California
Replied: 8/15/2012
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
If he has no prior record the max is 3 years on the felony evading though that is unlikely unless it is very egregious. Most likely probation and county jail for up to 1 year maybe not that much.
Answer Applies to: California
Replied: 8/13/2012
William L. Welch, III Attorney | William L. Welch, III
The maximum penalty would be referenced in the statute cited in the charge papers. It's probably between 60 days and a year. The specific penalty will depend on the facts in your friend's case, his or her prior record, mitigation, and the judge. No one can say for sure in advance.
Answer Applies to: Maryland
Replied: 8/8/2012
Gregory Casale Attorney at Law
Gregory Casale Attorney at Law | Gregory Casale
It is impossible to predict the final disposition without much more information. Such as, what were they on probation for originally, what is their criminal history, what was the blood alcohol (Breath Test - BT) results, if any, etc. The person should not be thinking about going without an attorney and whether that attorney is court appointed or privately hired, he or she should be able to give you an idea of outcome after looking over all pertinent facts.
Answer Applies to: Massachusetts
Replied: 8/8/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    This depends on the circumstances but often Fleeing and eluding charges can carry up to five years in prison.
    Answer Applies to: Michigan
    Replied: 8/8/2012
    Larry K. Dunn & Associates | Larry K. Dunn
    All of the crimes you describe involve varying punishments and cannot be properly evaluated without more information such as the amount of suspended sentence already pending in the probation violation. Also attempting to elude a police officer is a lesser included offense to eluding a police officer. The remaining offenses are misdemeanors and the maximum penalty for each is up to six months in jail for each offense.
    Answer Applies to: Nevada
    Replied: 8/7/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    The answer cannot be determined as felony charges are determined by the defendant's prior criminal history combined with the severity level of the offense charged. Multiple charges can be sentenced concurrently or consecutively at the Judge's discretion.
    Answer Applies to: Kansas
    Replied: 8/7/2012
    Law Office of Ronald G. Draper | Ronald G. Draper
    I'm not sure if all the charges described are felonies. Also,the facts of each case weigh heavily on the outcome of a case whether guilty or not, or a sentence.
    Answer Applies to: Illinois
    Replied: 8/7/2012
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    Determining a sentence depends on many factors that are applied to the Michigan Sentencing Guidelines. An accurate answer cannot be given.
    Answer Applies to: Michigan
    Replied: 8/7/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    It is hard to answer your question. I do not know about the other charges in the other county. Additionally, the charges, if municipal charges could be up to six months on each charge. They could run concurrent or consecutive. If they are state charges, the time is somewhat less. These charges are not felony charges if they are in Alabama.
    Answer Applies to: Alabama
    Replied: 8/7/2012
    Law Offices of Mark L. Smith
    Law Offices of Mark L. Smith | Mark L. Smith
    The maximum penalty for eluding the police is 1 year in jail. I have yet to see any jail sentence for eluding.
    Answer Applies to: Rhode Island
    Replied: 8/7/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    The sentence in a case depends on a number of factors. The maximum on a misdemeanor is one year. A D felony carries a 7 tear maximum, an E felony has a 4 year maximum. A violation of probation carries a maximum of whatever you could have gotten on the charge you plead guilty to, and that can run consecutive to the new charge. You can also get a concurrent sentence on probation violations, but paroled violations run on "the back end" and are consecutive to some degree. Your friend will probably get 6 months or a year unless he retains a good criminal lawyer or beats the charges, which seem unlikely if he ran from the police and drove recklessly with alcohol in the car as these charges are easily proven.
    Answer Applies to: New York
    Replied: 8/7/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Cannot really answer as only one "like" charge referenced. Could go to prison for about 3 years.
    Answer Applies to: California
    Replied: 8/7/2012
    Law Office of Jared C. Winter
    Law Office of Jared C. Winter | Jared C. Winter
    Evading charges can be filed as either a felony or a misdemeanor. The max for the evading misdemeanor is 1 year, for the felony it's 3. The amount of time will depend on what type of charge his probation is for, because a new conviction will certainly violate his probation. Time to get a lawyer. He could be facing a significant amount of time.
    Answer Applies to: California
    Replied: 8/7/2012
    Myles Hahn III Attorney at Law | Myles Hahn III
    What is he on probation for?
    Answer Applies to: Illinois
    Replied: 6/28/2013
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Sounds like time. How much? I don't known.
    Answer Applies to: New York
    Replied: 8/7/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    With extended term a possibility, he could be facing 4-6 yrs. in prison.
    Answer Applies to: Illinois
    Replied: 8/7/2012
    Universal Law Group, Inc. | Francis John Cowhig
    This is a complicated question to answer with the information provided. Usually the sentence for eluding police is a maximum of 3 years. The reckless driving and possession of alcohol by a minor under 21 are usually filed as misdemeanors with a maximum jail sentence of 1 year. The probation violation will depend on why the person was on probation and what charges were filed in the other county. Sentences can run concurrently or consecutively depending on the charges and other factors. I strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your friend's arrest and his criminal history. He/she would then be in a better position to analyze his case and advise him of his options.
    Answer Applies to: California
    Replied: 8/6/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Every crime has its own time specified in the Penal Code. A felony ranges from one to 25 years or more. What you have described probably has him facing 2-4 years prison time if convicted and sentenced to the max. A probation violation could mean return to jail or prison on that original sentence. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate.
    Answer Applies to: California
    Replied: 8/6/2012
    Law Office of Gregory Crain | Gregory Crain
    Does not sound like felonies.
    Answer Applies to: Arkansas
    Replied: 8/6/2012
    Law Offices of Steven R. Hunter | Steven Hunter
    It depends on his criminal history and the facts. Someone who is alleged to have fled and eluded the police and exceeded the speed limit by 21 mile per hour could receive a sentence of up to 3 years in prison. It goes up to 5 years if they have a prior felony fleeing and eluding. See 625 ILCs 5/11-204.1
    Answer Applies to: Illinois
    Replied: 8/6/2012
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    Jesus. Felony is 2-10 years in prison. All the other misdemeanors is jail less than a year. But they can try and stack them against you.
    Answer Applies to: Texas
    Replied: 8/6/2012
    Steven Alpers | Steven Alpers
    Felony evasion can get 16 months 2 or 3 years prison. Reckless driving probably would not add additional time, if that was the failure to stop for the police. Possession of alcohol by a minor is 6 months top and a one year license suspension. But all of this depends on the other county's case. It could add months or years depending on what law your friend violated in the other county.
    Answer Applies to: California
    Replied: 8/6/2012
    Austin Hirschhorn, P.C.
    Austin Hirschhorn, P.C. | Austin Hirschhorn
    The amount of jail time a person gets depends upon what the person is finally charged with and what disposition is made of that charge and the sentence that the judge determines is appropriate for the person. Your friend needs the help of a good criminal lawyer because you are talking about proceedings that could take place in the District Court's and Circuit Court's in more than one county. It is impossible for me to predict what might happen based upon the question you have asked.
    Answer Applies to: Michigan
    Replied: 8/6/2012
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    I think you mean evading a police officer I calif he can get up to 3 yrs in jail for one count of that charge. He can likely get additional time on a probation violation depends upon what he is on probation for.
    Answer Applies to: California
    Replied: 8/3/2012
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    The length of the potential sentence depends on exactly what charges the person is convicted of so without more detail I cannot answer this question.
    Answer Applies to: Colorado
    Replied: 8/3/2012
    Pearson, Butler, & Carson, PLLC
    Pearson, Butler, & Carson, PLLC | Matthew R. Kober
    That question is too hard to answer without more facts. The maximum penalty for a 2nd Degree felony is 15 years, for a 3rd Degree Felony is 5 years, for a Class A Misdemeanor 1 year, Class B is 6 months. But the problem is the sentences could run consecutively or concurrently (either all at the same time so you only serve the max, or you serve one period, and then the next, and then the next etc.). Except for really egregious situations, its rare to get the max penalties.
    Answer Applies to: Utah
    Replied: 8/3/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    None of the charges you have listed are felonies. Depending on his record, he may be looking at a maximum of 24 months.
    Answer Applies to: Georgia
    Replied: 8/3/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    At least 5 years.
    Answer Applies to: Michigan
    Replied: 8/3/2012
    Fairlie & Lippy, P.C.
    Fairlie & Lippy, P.C. | Steven Fairlie
    The maximum time will depend on what he was on probation for in the other county as he can get up to the maximum that charge orignally carried plus the maximum for the new felony, which is at least 7 years, plus time for any other charges against him. Your best bet is to talk to a lawyer as the lawyer can ask questions and then give you specific answers.
    Answer Applies to: Pennsylvania
    Replied: 8/3/2012
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    It sounds like what you are describing is a violation of Vehicle code section 2800.2 Wanton Flight. Providing no one was injury during such an occurrence, the maximum sentence would be three years. If however someone was injured, VC 2800.3, the maximum sentence would be seven years. If that injury resulted in a death the maximum sentence could be ten years. Hope that is the information you are seeking.
    Answer Applies to: California
    Replied: 8/3/2012
    Law Office of Michael E. Dailey
    Law Office of Michael E. Dailey | Michael E. Dailey
    The possibilities and permutations for sentences are not able to be determined unless I know the grade of charge for each one. How many are misdemeanors and how many are felonies and what level? An A misdemeanor carries up to a year whereas a B maximum is 6 months. D felonies are up to 4 years, C is up to 7 and B can be 15. These can be stacked on top of each other and may not start until he is finished with the probation sentence. Most of what you describe sounds like misdemeanors but a felony eluding can be some serious time depending on the facts of the case. I hope he has a pretty good lawyer.
    Answer Applies to: Missouri
    Replied: 8/3/2012
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    The law is not based on some board of buttons that one pushes for each situation. What will happen depends on the particular facts of each case.
    Answer Applies to: New Jersey
    Replied: 8/3/2012
    Douglas M. Philpott, P.C. | Peter J. Philpott
    The maximum sentence if this is a Fleeing and Eluding charge in the 3rd degree is up to 5 years prison. However, if you client does not have a extensive record he would likely end up with just probation or some county jail time and probation.? If they charged him with attempt then the maximum penalty is 2 1/2 years.
    Answer Applies to: Michigan
    Replied: 8/3/2012
    Castro, Rivera & Associates | Sandra Rivera
    3rd degree felonies is a max of 5 years. 2nd degree felonies are a max of 15 years. Misdemeanors of the 1st degree is 1 year. You mentioned he was on probation so he faces additional jail time on that but it depends on what he was on probation for.
    Answer Applies to: Florida
    Replied: 8/3/2012
    Pietryga Law Office | Russ Pietryga
    Attempt to flee or elude a police officer, if found guilty, is a 3rd degree felony. A 3rd degree felony of this type is punishable as follows: 3rd Degree Felony-a term of incarceration not to exceed five years. Fine of not less than $1,000 and not to exceed $5,000+ 90% surcharge. Reckless driving is a class B misdemeanor punishable as follows: Class B-imprisonment not to exceed 6 months, Fine not to exceed $1,000+90% surcharge. Possession of alcohol by a person at least 18 years old, but younger than 21 years of age has the following penalties: In addition to suspension of his driver license imprisonment not to exceed 6 months, Fine not to exceed $1,000+90% surcharge. As for probation. Probation is a privilege and not a right. That means the court probably stayed a certain amount of jail/prison when the judge agreed to probation. You are going to have to look at the court order to see what the remaining sentence could be, based on a violation of probation.
    Answer Applies to: Utah
    Replied: 8/3/2012
    Law Office of Charles J. Block
    Law Office of Charles J. Block | Charles J. Block
    It depends on the degree : 4th -18 months; 3rd - 5 years; 2nd - 7-10 year; 1st - 15-life.
    Answer Applies to: New Jersey
    Replied: 8/3/2012
    Law Office of Neal L. Weinstein
    Law Office of Neal L. Weinstein | Neal L. Weinstein
    It depends on the charge, on the prior criminal history of the defendant and on the facts of the case. Misdemeanors carry a much smaller sentence and Eluding or passing a roadblock could be a Class C felony with a max of 5 years, but unlikely to get more than 30 days depending upon how fast, if passing a roadblock, if someone injured, etc. You need to hire an experienced lawyer or get one appointed if you can't afford an attorney.
    Answer Applies to: Maine
    Replied: 8/3/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    One cannot accurately give an answer without knowing the precise statutes and a complete criminal record. A 3rd degree felony can get a prison sentence of 5 years, a 2nd degree felony is 15 years. Misdemeanors carry a 1 year potential in the county jail. Those are the max, and are usuallly not likely.
    Answer Applies to: Florida
    Replied: 8/3/2012
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    Eluding is the 3rd degree felony w/ six months jail, the reckless and alcohol I believe are misdemeanors (up to 90 DAYS) and the violation of probation is at court discretion. Get him counsel.
    Answer Applies to: New Jersey
    Replied: 7/27/2012
    Michael S. Edwards, Attorney at Law, PLLC | Mike Edwards
    0-5 years in prison on the new charges, with the possibility that it will be served consecutive (rather than concurrent) with his probation violation case sentence. This means that he could be ordered to serve all of the jail or prison time on one case, and then when that is done, serve all of the time for the other case. He needs a good attorney!
    Answer Applies to: Utah
    Replied: 8/3/2012
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