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What to Expect From an Attempt to Elude Case in Birmingham
In Birmingham, attempting to flee or elude an officer is potentially a felony offense. Depending on the severity of the driver running away and whether anybody was hurt or killed during the evasion, the felony may be more severe. In other situations, it may not even constitute a felony charge at all. However, when there is a serious case, it may result in up to 15 years in prison.
Attempting to elude an officer is not a light charge and it may be necessary to work with a skilled criminal defense lawyer. A seasoned traffic attorney could help you understand what to expect from an attempt to elude case in Birmingham, giving you the best chance at having a good outcome.Criteria for an Attempt to Elude Charge
In the State of Michigan, in order for an officer to pull someone over for an attempt to elude, there must be a reason. Under the Fourth Amendment, all citizens are free from unreasonable searches or seizures. In the State of Michigan, a person can be pulled over for a traffic violation under the Motor Vehicle Code, such as , failing to yield to a traffic control device or another visible violation. All of these are justifications for making an original stop.
Additionally, if a law enforcement officer has reasonable suspicion of criminal activity afoot, there is a possibility that they could be detained for that as well. Officers do not generally stop someone in the State of Michigan for fleeing and eluding. Instead, they stop someone for an underlying traffic offense and if the vehicle fails to stop or attempts to elude, then that is when that charge would arise. The driver may simply not see the lights or be attempting to pull over at a safe place, but it may still result in a charge that could be difficult to beat without the assistance of a local traffic lawyer.What to Expect In Court
What drivers should expect from an attempt to elude case in Birmingham is that it is handled strictly court. Whenever a driver is dealing with a charge of fleeing and eluding, they are likely dealing with the Oakland County prosecuting attorney's office which is a very conservative office. A charge of a felony is going to result in a much higher level of awareness by the prosecution and a potential for a much higher amount required before someone is released from custody.
A person may face up to 15 years in prison if somebody was to be killed while the fleeing and eluding was taking place. Depending on a variety of circumstances, it could exacerbate what may have otherwise been a simple traffic ticket or minor misdemeanor charge. Before trying to drive away from an officer conducting a traffic stop, it is essential for drivers to understand exactly what to expect from an attempt to elude case in Birmingham.How an Attorney Could Help
One of the biggest things an attorney could do is make sure that their client is fully aware of what is going on as far as the law is concerned. It is very important to have an attorney when dealing with these charges because the last thing they want to do is go into such a serious charge by themselves with the hope that they are going to be able to handle a legal matter effectively. Instead, especially with fleeing and eluding, hire someone who understands how to obtain all of the evidence in the case to fight for the best outcome.
If you are facing charges for fleeing from a law enforcement officer during a traffic stop, contact an attorney to learn exactly what to expect from an attempt to elude case in Birmingham. A criminal defense lawyer could be the ally you need to fight these charges and continue with your life. Call today to get started.