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Responding to an accusation of fleeing from law enforcement

Responding to an accusation of fleeing from law enforcement

On Behalf of | Nov 13, 2023 | Criminal Defense |

If you are accused of fleeing from law enforcement in Florida, you may face a range of penalties, depending on the circumstances.

Search and seizure

The public is protected from unreasonable searches and seizures under the U.S. Constitution. Several elements must be met for a lawful search and seizure by law enforcement.

First, law enforcement must have reasonable suspicion that there is criminal activity happening and they must be able to explain what they observed to indicate that. The stop should not be longer than necessary. Law enforcement can ask for your identification and if they reasonably believe there are weapons, can give you a pat down.

Penalties for fleeing and defenses

In Florida, if you are found guilty of fleeing or attempting to flee law enforcement, it is a felony. This may result in fines, prison for up to five years and other consequences. If there is a death or accident that results in injury to another person during the offense, the court may impose additional penalties.

There may be several defenses available to you. If you did not intend to flee or can show that you did not know that you were being stopped, that may be used as a defense. Also, if you can demonstrate that your life would have been in danger if you did not leave, that may be a valid defense.

If your constitutional rights were violated during the stop, the evidence against you may be dismissed. These are only a few examples of defenses that may be available.