Fleeing and Eluding the Police

When you see flashing lights in your rearview mirror, your first instinct should be to safely pull over to the side of the road. However, if you fail to stop, accelerate away, or try to evade law enforcement, you could be charged with the serious criminal offense of Fleeing and Eluding the Police. In Illinois and many other states, this crime carries severe penalties, including possible jail time, heavy fines, license suspension, and a permanent criminal record that can impact your future for years to come. As an experienced criminal defense attorney, I understand the fear and uncertainty that can come with facing such a charge. If you or a loved one has been accused of Fleeing and Eluding the Police, it is critical to hire an experienced and knowledgeable defense attorney who can protect your rights and help you navigate the complexities of the legal system.

What is Fleeing and Eluding the Police?

Fleeing and Eluding the Police occurs when a driver willfully fails to stop or attempts to evade a police officer after being given a clear signal to pull over. In Illinois, the offense is governed by 625 ILCS 5/11-204. The prosecution must prove the following elements beyond a reasonable doubt:

1. The Officer’s Signal: A police officer gave a visual or audible signal to stop (e.g., sirens, flashing lights, or verbal commands).
2. Awareness: The driver was aware of the officer’s signal.
3. Willful Evasion: The driver willfully refused to stop, increased speed, turned off lights, or otherwise attempted to elude the officer.
4. Official Vehicle Identification: The police vehicle was properly marked, and the officer was in uniform.

Consequences of a Fleeing and Eluding Conviction

The penalties for Fleeing and Eluding the Police in Illinois depend on the circumstances of the case and any aggravating factors.

Class A Misdemeanor

In most cases, Fleeing and Eluding is charged as a Class A Misdemeanor. A conviction can result in:

• Up to 364 days in jail
• Fines of up to $2,500
• Suspension of driving privileges
• A permanent criminal record

Felony Fleeing and Eluding

Under certain circumstances, the offense can be charged as a felony:

• Class 4 Felony: If the driver commits the offense a second time, or if the flight involves speeding 21 miles per hour or more over the speed limit.
  • Penalties: 1 to 3 years in prison, fines up to $25,000, and license suspension.
• Class 3 Felony: If the driver causes bodily harm, property damage, or disobeys two or more traffic control devices.
  • Penalties: 2 to 5 years in prison, fines up to $25,000, and license suspension.

Collateral Consequences of a Conviction

Beyond the immediate penalties, a conviction for Fleeing and Eluding can have lasting consequences:

• Criminal Record: A permanent criminal record can affect employment, education, and housing opportunities.
• Increased Insurance Rates: Insurance companies view a fleeing and eluding conviction as a significant risk factor, often resulting in higher premiums.
• Professional Licenses: Certain professional licenses may be suspended or revoked after a conviction.
• Immigration Consequences: For non-citizens, a conviction could result in deportation or denial of reentry.

How a Fleeing and Eluding Case Proceeds Through the Court System

Understanding the court process can help alleviate some of the anxiety that comes with facing criminal charges.

1. Arrest and Booking: After being arrested for Fleeing and Eluding, the police will take you into custody, take fingerprints, and process the paperwork. Depending on the facts of the case and your criminal history, you may be released on bail or held until your court appearance.
2. Initial Court Appearance (Bond Hearing): At the bond hearing, a judge will determine the conditions of your release while the case is pending. The judge considers factors such as the severity of the offense, your criminal history, and ties to the community.
3. Pre-Trial Proceedings: During the pre-trial phase, your attorney will review the evidence, file motions to suppress unlawfully obtained evidence, and negotiate with the prosecution to potentially reduce or dismiss the charges.
4. Plea Bargaining: In many cases, the defense and prosecution will engage in plea discussions. A plea bargain may result in reduced charges or penalties, especially if mitigating circumstances exist.
5. Trial: If no plea agreement is reached, the case will proceed to trial, where the prosecution must prove the elements of the crime beyond a reasonable doubt.
6. Sentencing: If convicted, the judge will impose a sentence based on the statutory guidelines, the nature of the offense, and the defendant’s criminal history.

Defending Against Fleeing and Eluding Charges

Every case is unique, but several defense strategies can be effective in challenging Fleeing and Eluding charges:

• Lack of Intent: If you did not willfully or knowingly attempt to evade the police, you may have a valid defense. For example, you might not have seen the officer’s signal or misunderstood their directions.
• Mistaken Identity: In some cases, the police may misidentify the driver or the vehicle involved.
• Emergency Situations: If you were responding to a medical emergency, your actions may be justifiable.
• Unmarked Vehicle: If the pursuing vehicle was not properly marked or the officer was not in uniform, the charges may be dismissed.

Why You Need an Experienced Criminal Defense Attorney

Fleeing and Eluding the Police is a serious charge that requires a strong and strategic defense. As an experienced Illinois criminal defense attorney, I have successfully defended countless clients facing similar charges. My approach includes:

• Thorough investigation of the evidence
• Filing motions to suppress improper evidence
• Negotiating with prosecutors for reduced charges
• Presenting a strong defense at trial when necessary

With over 30 years of experience handling Fleeing and Eluding cases, I understand the nuances of the law and know how to challenge the prosecution’s case effectively. If you are facing charges for Fleeing and Eluding the Police, time is of the essence. Contact my office today for a free consultation and let me help you fight these charges and protect your future.

Call Attorney James Dimeas Today

When you’re facing a Fleeing and Eluding charge, you need a knowledgeable and aggressive advocate on your side. Don’t face the criminal justice system alone. Call attorney James Dimeas, at 847-807-7405 today, to discuss your case and learn how he can help you achieve the best possible outcome.

Remember: The decisions you make now can significantly impact your future. Make the right choice—call now and take the first step toward protecting your freedom and your future.