Legal Question in Criminal Law in California

I got busted for Felony evading on my motorcycle. I actually stopped and waited 15 mins for the police to catch up to me. I was arrested and was in jail for 9 days and they OR'd me. I still have to go to court. Will i get jail time ?


Asked on 9/05/09, 2:42 am

3 Answers from Attorneys

Robert Marshall Law Office of Robert L, Marshall

With any felony, there is always a chance of prison time. If a person is convicted of a felony and gets probation, there is usually some jail time involved.

There are too many factors that go into a judge's decision to make any sort of accurate assessment of your case on a website like this. For instance, did you run on a relatively deserted road, or did you drive through a neighborhood where kids were playing? How long did you run? Did you endanger other people, including the pursuing officers?

You need a good criminal defense attorney to evaluate the case and represent you. If you can't afford a lawyer, ask the judge to appoint the public defender to represent you.

As a fellow motorcyclist, I'd also encourage you to explore your need for speed on the racetrack, not the streets. I love the feeling of triple digit speeds and the knee pucks on my leathers dragging in the corners, but it's a lot safer when I don't have to worry about an SUV pulling out of a driveway. You could do a lot of trackdays for what this is going to cost you. Check out www.pacifictracktime.com, www.keigwins.com and www.zoomzoomtrackdays.com for some companies that will teach you how to ride fast... and do it safely and legally.

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Answered on 9/05/09, 2:58 am

I agree with Mr. Marshall, if you're convicted of a felony it could affect you for a long time. The judge might appoint a public defender if you can't afford an attorney. Other than that, you'll be on your own. If you need any help with this, please let me know.

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Answered on 9/06/09, 1:46 pm
Terry A. Nelson Nelson & Lawless

That's up to the Judge, DA, and your attorney to determine. The police report allegations, facts, evidence, witnesses, defenses, etc all play a part. Your record, priors, attitude, etc., have an impact as well. It's why you should hire experienced counsel to maximize your chances. Feel free to contact me if serious about doing so.

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Answered on 9/07/09, 3:18 pm


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