Legal Question in Traffic Law in Florida

felony fleeing with attempt to evade

I have a criminal score of 16.4, have no criminal record..screwed up and ran from a police officer for less than 1 mile, and am now being charged with a felony, offered 2 years probation, fines, court costs, and community service, which puts a felony on my record. I surrendered to police, they handcuffed me, put me in the car and questioned me, at no time was I read my rights, the arresting officer, after asking me 4-5 times, wrote the wrong address down and I had to do the paperwork to correct it......... due to my lack of any criminal activity in the past, I believe I should not be so heavily charged.......What would you say? Thank you


Asked on 5/15/07, 3:19 pm

1 Answer from Attorneys
Robert M. Perez Law Office of Robert M. Perez, State and Federal Criminal Defense

Re: felony fleeing with attempt to evade

What is your question? If your sentencing guidelines is 16.4 and the prosecutor offered probation, he has gone under the guidelines. That means the court can get involved and undercut the states offer. WWith a clean record, you should be offered a withhold. See if the prosecutor is willing to offer the underlying misdemeanor of failing to obey.

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Answered on 5/15/07, 6:26 pm


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