Whether in the Phoenix area, or anywhere in Arizona, per A.R.S. § 28-622.01, "Unlawful Flight from Pursuing Law Enforcement Vehicle" or simply "Felony Flight" occurs when a person willfully attempts to flea or elude a pursuing law enforcement vehicle that is being driving with at least one lighted lamp displaying red or red and blue lenses, or while the siren is activated. If the person is fleeing from police (even if just for a minor traffic ticket), and they subsequently cause an accident which involves the death of another person, then they can be charged with Capital First Degree Murder (i.e., the death penalty). However, this scenario normally does not occur, and persons are normally charged with a class five (5) felony if their case does not involve a subsequent accident.
For a first offense class five (5) felony, punishment can be probation with zero (0) days in jail up to one (1) year in jail; or prison of six (6) months to two and one half (2.5) years incarceration. If the person has one (1) allegeable historical prior conviction, then the "prison only" range is one (1) year to three and three quarters (3.75) years of incarceration. If the person has two (2) allegeable historical prior convictions then the "prison only" range can is three (3) years to seven and one half (7.5) years of incarceration.
The most common defense we see for Unlawful Flight from Police is "Lack of Knowledge". This occurs when a person does not realize that the Officer is behind them (because they have their stereo on loud and they are looking straight ahead while driving at night) or because they believe the Officer is chasing somebody else. Remember, it must be shown that the person "willfully" attempted to elude police. Other times, a person will realize that Officers have activated their lights behind them, but the person is waiting to pull over in a safe, well-lit area before stopping their car. This occurs most often on the freeway where people wish to make an exit off the busy portion of the roadway before stopping their cars. Sometimes police officers become upset, and they will add the charge of Unlawful Flight from Police to what would have otherwise been a normal misdemeanor traffic citation. It is critical to interview all available witnesses (if there were any) in order to show this was not a true "Flight". In addition, data can be downloaded from the statistical and diagnostical module (i.e., the "Black Box") from newer model vehicles. If that data is downloaded, it can be shown that there was no high rate of speed, no rapid acceleration, and no other indication of true "intent to flee".
The "Common Defenses", which may apply in any criminal case are numerous and diverse. One of the most common defenses we encounter is a "Miranda Rights Violation". In Arizona, the standard of whether any inculpatory statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a "Voluntariness" standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, "Denial of Right to Counsel" is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their lawyer, but is denied and questioning continues. In certain cases (such as DUI) it is mandatory that you speak to an attorney as soon as possible in order to determine your rights before your body burns away the evidence of your presumably low alcohol content. Other defenses include challenging the validity of any search warrant, or whether there were any "forensic flaws" during the investigation of your case. This could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; etc. Lastly, one of the most common defenses is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction.
It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®), with the most Certified Criminal Law Specialists of any AV® rated Arizona Law Firm, per the Arizona Board of Legal Specialization. In addition, the Firm and all of it's lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Attorneys know the system well. For a free initial consultation, call us at 1-888-822-6867, or click here to contact us now.
If your case involves Accident & Injury, Family & Divorce or Motorcycle Injury please visit our companion firm: Cantor Simon PLLC - www.cantorsimon.com
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Tempe, Arizona 85282
Dismissed |
04/24/08 |
Aggravated DUI, Aggravated DWI |
Dismissed |
04/14/08 |
Aggravated Assault w/Gun |
Not Guilty |
04/04/08 |
DWI Only(.092 Breath) |
Not Guilty |
03/25/08 |
DWI (.099 Breath) |
Not Guilty |
03/24/08 |
Aggravated DUI, Aggravated DWI |
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