Legal Question in Criminal Law in Minnesota

Lurking and fleeing by other means then motor vehicle

I was walking home from the bar and I crossed the street to take my usual walking route that's safer. I then walk along a strip of business and knocked over a paperbox because I was mad not getting a ride home(8 mile walk) I then walked about 30 yards and the police stopped me cause they saw what I did. There was a huge empty parking lot and there is no where to run because its a long strip yet they charged me with that. I have never ran from police and have no criminal record and I own a business corporation and have respect for small business. I had no tools to break into any of them and all this because I took my normal route home and tipping over a paperbox. I corporated with police the second they stopped me. They took a breathalyzer test on me and said maybe I could go to detox instead. They let me go after 5 hours and gave me a ticket for lurking and fleeing but I got the letter and it says lurking only but the efile says lurking and fleeing. I have no motive and can prove it but would like to know what may happen in my case. Thank you


Asked on 9/24/08, 11:32 am

2 Answers from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Lurking and fleeing by other means then motor vehicle

Thank you for the post.

The offense of fleeing by means other than motor vehicle is a misdemeanor and is punishable by up to 90 days in jail and a $1000 fine. It is very important to protect your record against such charges . As a result, an aggressive defense is necessary.

Certainly the location and when you became aware that the police were trying to stop you is critical to the factual basis for the charge. There must be an "intent" to fle.

For a FREE consultation call 612.240.8005.

Read more
Answered on 9/24/08, 11:46 am
Thomas C. Gallagher Gallagher Criminal Defense

Re: Lurking and fleeing by other means then motor vehicle

According to your account, you are innocent of both lurking and fleeing crimes. "Lurking ..." has been abused by police officers and prosecutors for many years. They will need some evidence of intent. Your story about walking home from the bar sounds plausible.

All I can really tell you is to get a good criminal defense lawyer, don't plead guilty, fight it, and make sure you don't get convicted. A clean record is quite valuable.

Read more
Answered on 9/24/08, 4:31 pm


Related Questions & Answers

More Criminal Law questions and answers in Minnesota