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You’ve seen
it in all the cop shows. The police take
off on a high speed chase after the fugitive.
Of course, you never dreamed you would be starring in your own action
movie, but when you saw the police, you just panicked.
So, what exactly is fleeing and
eluding an officer, and what can happen to you?
In
Illinois, you can be charged with a Class A Misdemeanor, punishable by jail
time of up to one year and losing your license for up to six months, if you
flee or attempt to elude a police officer.
If you are charged with aggravated fleeing, the penalties are even stiffer. Aggravated fleeing
is a Class 4 felony,
punishable by one to three years in jail, your license could be revoked and
your car seized. If this is a second or
higher offense, the penalties increase.
And all this is on top of
whatever
other crime you may have committed. Plus,
you may be convicted for fleeing and eluding even if the underlying offense is
dropped.
To flee and
elude, you must have received a visual or audible signal by a uniformed officer
directing you to stop. If the officer is
in their police car, they must activate their lights as well as their siren. If you
willfully fail to pull over or you speed
up or turn out your lights, you could be convicted.
Fleeing and
eluded is upgraded to an aggravated offense if you speed more than 21 miles
over the limit, cause bodily harm to a
person, cause more than $300 in property damage or run more than two traffic
control signals.
If you are
charged with fleeing and eluding as with any other offense, you should contact
an experienced criminal law attorney immediately. The attorney can assist at your bail
hearing
to petition the judge to set a reasonable bond.
An attorney can also analyze your case to present your best possible defense. As with any
offense, the state has the burden
of proving the elements of the crime beyond a reasonable doubt. Did the officer properly
signal? Was he or she in uniform? Did they properly activate their lights and
siren? Did you know they were trying to
pull you over?
Even if the
evidence against you is overwhelming, an attorney can help negotiate a better
plea bargain than you might receive on your own.
As with any
other criminal offense, do not make statements to the officer or any third
party about your case. Attempting to
explain yourself might end up giving the prosecution exactly the evidence
needed to convict. Do not talk about
your case on any social media such as texting, email or Facebook. The prosecutor could get
copies of your
statements and use them against you.
If you have
questions about this or another related criminal or traffic matter, please
contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.
(Besides Skokie,
Matt
Keenan also serves the communities of Arlington Heights, Chicago, Deerfield,
Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles,
Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)
