Casualties happen on the road every day. It could be because of negligence on the part of the driver or the road user. A lot of times, most people try to run away or escape from the law when they have committed an offense. The offense could be a minor one or a major one that involves bloodshed. A situation like this where a person tries to run away from an official to escape trial is known as a flight from an officer. Let's break this down.
A flight from an officer occurs when a person knowingly and willfully attempts to escape or flee from a law enforcement officer or vehicle pursuing him or her. The vehicle driven by the law enforcement official usually has the lights on or an activated siren to let you know that you are being pursued.
When a person is fleeing from an officer of the law, so many things are bound to happen. This includes an accident that may lead to injuries or the death of a random person. This is a felony and if the person is eventually caught, he or she would be charged with a Capital First Degree Murder and in the process, face a death penalty. However, this is rare and instead of that, the person is charged with a class 5 felony only if the case does not involve death.
It is very bad to flee from an officer of the law. If you have committed an offense or seen a signal from them to remain where you are, you should wait instead of trying to escape. When you are caught, you will face a serious penalty. Therefore, remain where you are and know the offense you committed. It could easily be a minor offense which a fine can sort.
Every state has laws, rules, and regulations guiding them. The residents in the state are supposed to live by them to ensure peaceful coexistence. However, people still tend to break rules and offend the law. In this case, they need to face the music by serving punishment from the law.
Louisiana has its rules on a flight from an officer. According to Section 108.1 of the Statutes, anyone to fails to bring a vehicle or a watercraft to a halt after an officer has given audible as well as visual signals has committed an offense that is punishable by law. The signal should be an emergency light or sound from a siren.
There's also an offense known as an aggravated flight from an officer. It is almost the same thing with a flight from an officer. The only difference is that the former involves human life endangerment.
If you're in Shreveport and you've been charged with flight from an officer, the penalty for the crime is a fine of not less than one hundred and fifty dollars and not more than five hundred dollars. It could also be to serve a jail term of not more than six months or both.
If your case has been taken to court, there are possible ways you could defend yourself. Here they are:
1. Lack of knowledge of the officer's presence:
Note that for you to be charged guilty of this offense, you must have willfully or knowingly fled from the law official. If you are not aware that an officer was trying to pull you over, you could not have done it willfully. This can happen in a situation where you have you have loudspeakers in your vehicle that prevented you from hearing the signals. Therefore, a lack of knowledge of the officer's signals and presence is a defense mechanism you can bring up when you have been arrested.
2. Mistake of Fact:
This is another defense mechanism that a lot of people use. In this case, you thought the officer was chasing or signaling someone else and not you. Therefore, you didn't pull over or stop your vehicle because you didn't know it was you. Also, it could be you wanted to look for a free space to pullover. This mostly happens in a very busy area.
The officers may go-ahead to interview people around the area as witnesses to show that you didn't have an intent to flee.
If you or someone you know has been arrested and charged with flight from an officer in Shreveport, you need to follow the right steps towards your trial.
First, you should get a flight from an officer lawyer in Shreveport. Ensure that you get a knowledgeable and skillful one. Such a lawyer will know all the possible defenses to use in your case. Also, you should never leave out any information from your lawyer so that he or she won't be taken unawares in court.
If you are anywhere in Shreveport or around Caddo Parish and you need a criminal defense attorney for your flight from an officer case, then we are your best bet. Carl Barkemeyer, Criminal Defense Attorney are professional lawyers who will help you all through your judicial proceedings. We understand that flight from an officer is a serious offense with grave repercussions. Therefore, we try as much as possible to help reduce or eliminate your charges
You must get a criminal defense attorney who knows the laws of your state concerning a flight from an officer. In this way, he or she will devise a means to help you out.
We would let you know the severity of your crime and what to expect. Ensure to let us know how everything happened and we would put in our best. We have all it takes to represent you in court if you have a case at the Caddo Parish Courthouse. Contact us today!
H. Taylor - Baton Rouge, Louisiana