Need an Arizona Felony Attorney? Contact the Law Offices of David Michael Cantor if you have been charged with Unlawful Flight from Police.
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.
Possible Punishment for Unlawful Flight from Police
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.
Possible Defenses for Unlawful Flight from Police
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 diagnostic 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” for Unlawful Flight from Police, which may apply in any criminal case are numerous and diverse. One of 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 Attorney, but is denied and questioning continues. Other defenses may include challenging the validity of any search warrant, or whether there were any “forensic flaws” during the investigation of your case. Depending on what you have been charged with, this could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; ballistics; gunshot residue testing; computer analysis/”cloning hard drive” procedures; forensic financial accounting reviews; 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®). Also David Michael Cantor is an Arizona Felony Attorney, and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its 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 Arizona Felony Attorneys know the system well. For a free initial consultation, call us at 1-888-822-6867, or click here to contact us now.
Contact The Law Offices of David Michael Cantor and speak to an Arizona Felony Attorney. We will assist you with your Unlawful Flight from Police case.
