Daytona Beach Fleeing And Eluding Attorney
Daytona Beach Fleeing or attempting to elude a law enforcement officer is a felony. A Daytona Beach fleeing and eluding charge might not be what you think. Something as simple as continuing to drive after an officer standing on the side of the road signals you to pull over may be classified as a third degree felony. Third degree felony charges have a maximum punishment of up to 5 years in prison along with a fine of up to $5,000. Officers occasionally believe a driver is fleeing when actually they are just speeding because they are in a hurry. If the officer believes you are driving recklessly when fleeing or attempting to elude law enforcement it could be charged as a second degree felony, punishable by up to 15 years in prison and a fine of up to $10,000. Eluding a law enforcement officer and causing serious injury or death to another person in the commission of the offense is a first degree felony, a crime punishable by up to 30 years in prison and a fine of up to $10,000. The officer could have ulterior motives. If a vehicle is used in the commission of a felony (Daytona Beach fleeing and eluding is a felony) it can be subject to forfeiture. What that means is if the cop says you are fleeing and eluding under Florida law they can take your vehicle and either auction it or use it.
Defenses to Forfeiture
The law provides for legal mechanisms that can force the return of your property. Defenses to forfeiture actions can include the following: The true owner of the property is an "innocent owner" who had no knowledge of the criminal activity. The forfeiture is disproportionate to the crime alleged (excessive). The law enforcement officer that seized the property was without probable cause.
Types of Property Subject to Forfeiture
Property that can be subject to forfeiture can include: Contraband such as illegal drugs and weapons. Objects used to commit the crimes, such as a vehicle used in a fleeing and eluding case or to transport drugs. Proceeds derived from the criminal activity, such as houses, vehicles, business accounts allegedly funded or purchased with the proceeds and profits from illegal activities.
If you are accused of fleeing and eluding in Daytona Beach you need an experienced Daytona Beach criminal defense attorney. The attorneys at Thero, Rieks & Pitts have over 30 years of criminal defense experience. We also understand how to defend against asset forfeiture. Some fleeing and eluding charges are legitimate, others are exaggerated and a few are just outright dishonest. Remember in a Daytona Beach fleeing and eluding case the officer might not only want your freedom but they might also be looking to take your car. In forfeiture proceedings deadlines come quickly. Contact our Daytona Beach fleeing and eluding defense attorneys to make sure your rights and property are protected.
Daytona Beach Criminal Defense Lawyer
747 S Ridgewood Ave
Daytona Beach, FL 32114
Daytona Beach Fleeing And Eluding Lawyer