Man evading a police car

Evading a Police Officer

If someone has been charged with evading an officer of law in the state of California while driving a vehicle (Vehicle Code 2800.1-3), they would be well-advised to seek counsel from a licensed attorney and skilled bondsman. Remember, everyone is presumed to be innocent until their guilt is proven in a court of law. The fact they were arrested and charged is not an indication of guilt, only that the officer believes there is sufficient grounds to have them charged.

Protecting Your Rights

As a resident of the state, everyone is afforded certain protections under the law. The key rights are the right to remain silent, the right to an attorney and the right to a speedy trial. In reference to the right to remain silent, suspects should never speak with a law enforcement official after their rights have been read without their attorney present. The trial process will begin with a hearing where the judge wants to hear details to determine if there is enough probable cause to go forward with the charges or have the charges dismissed. If the judge holds someone over for trial, they should be eligible for bond. Once the bond is amount is determined, one of the defendant’s trusted associates should contact a reputable bail bonds company to post a bond for their release. Once released, the defendant is free to help their attorney prepare a defense.

The Burden of Proof

When charged with evading arrest from an officer of the law, the burden of prooving guilt falls on the state’s prosecutor who will most likely rely heavily on the testimony of the officer. The legal standards to be found guilty under this law include:

  • The defendant intended to avoid arrest.
  • A siren and at least one red light were clearly exhibited showing the officer’s intention to stop them.
  • The officer’s car and uniform clearly indicated it was a law enforcement issue.

Potential Defenses
Regardless of someone’s perception of the situation, there are a few options their attorney has at their disposal to secure an acquittal. These options include:

  • They can present evidence it was not the individual’s intention to evade the officer.
  • The evidence presented by the state is insufficient to supports the officers contention that the individual was evading.
  • The defendant was legally and voluntarily intoxicated, which diminished their ability to make a reasonable judgement about the officer’s intent to stop them.

The key to successfully defending oneself in any legal manner is avoiding the desire to panic. The legal system is set up to provide everyone with a fair opportunity to explain their side of the story, preferably through an attorney. Their primary task at hand is being open and honest with their attorney, allowing the attorney to do his or her job and prepare the best defense possible. Once the defendant’s family or friends have secured a bail bond, the defendant should relax and let their attorney and the justice system work as intended.

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