Dan Murphy
By: Dan Murphy

Eluding can earn you one (1) to twelve (12) years in prison, depending on the outcome of your recklessness. Additionally, the imposed fines can be as high as $750,000 when someone loses their life. These harsh penalties were set to discourage behavior that jeopardizes public safety in Colorado. But if you are accused falsely, it is critical to defend yourself.

The definition of eluding in Denver is very specific, according to CRS18-9-116.5. If your actions fall short of the legal definition, the judge might not convict you. An aggressive Denver criminal defense attorney can use their in-depth knowledge of the Colorado laws and their understanding of your circumstances to convince the court to give your case better outcomes.

How Can I Get My Charges Dismissed?

While the police might have all the evidence needed to charge you with eluding, they might not be able to proceed in some instances. Officers that act contrary to what is required of them cannot successfully press charges.
Accused persons have rights that should not be violated for whatever reasons. Searches should be done the right way, and arrests should involve the police notifying you of your Miranda rights. If they fail to do this, the court can throw out the case since it cannot use evidence acquired in unlawful ways.
Ensure that you notify your Denver eluding lawyer if you feel that a procedure wasn’t done legally. They could negotiate for a dismissal earlier into the case before it even gets to trial.

Why Do I Need a Lawyer to Defend Me in Denver?

While you can represent yourself, you might get better outcomes by working with an experienced Denver eluding lawyer. Whether the alleged offense is a traffic misdemeanor or a serious felony involving injuries or death, it is advisable to seek legal guidance.

Leaving your outcomes in the hands of an inexperienced public defender is a risk not worth taking. You need a legal expert that has been representing clients like you for some time. Their knowledge, skill, and experience can positively affect your case in Colorado.

Does it Matter What I Do After an Arrest?

The steps and actions you take immediately after an arrest are integral to the outcome of your case. Sometimes, innocently, the words you utter can implicate you in Denver, Colorado. Remember that you don’t have to respond to any questions the police ask.

You can politely decline to say anything until your attorney arrives. And as soon as you are allowed to make a call, a Denver eluding attorney should be the first person you call. They could listen to you and do everything to save you from years in prison and hefty fines.

What Defenses are Applicable to Eluding Charges?

The right choice of defense usually depends on the events that transpired before the incident. Generally, you can argue that:

  • The police failed to follow the right procedure when asking you to pull over
  • Dangerous or traffic conditions made it challenging for you to pull over safely
  • You only appeared to be eluding the police
  • You did not drive recklessly
  • You were unaware of the police pursuing you
  • You had an emergency when asked to stop

Note that some of the above defenses might not apply to your situation. But after a proper case evaluation, your lawyer could advise on the defense that is highly likely to result in reduced charges, dismissal, or an acquittal.

What Should I Expect From an Eluding Hearing?

After an arrest and getting out on bond, a court date might be set for you to appear. Knowing what happens during a hearing can prepare you for what lies ahead. Normally, the burden of proof is on the prosecution, who has to show that you “knowingly” escaped or tried to get away from them.

Luckily, accused persons can get a glimpse of the charge sheet through their lawyers. This offers an opportunity for you to identify weaknesses and loopholes in the case and expose them during the hearing. You can also use the testimony of the people in your car during the incident to back up your account of the story.

Can an Immigrant Face Deportation if their Defenses Fail?

Immigrants ought to put more effort into their defenses because of the grave consequences that might come with a conviction in Colorado. Eluding law enforcement officers is considered a crime of moral turpitude and might warrant deportation.

After deportation, coming back to the United States might be impossible. This could affect your family and jeopardize your professional growth and development. A knowledgeable eluding attorney in Denver, CO, knows what is at stake and could convince the prosecution to reduce your charges if a dismissal isn’t possible.

When Can I Seal the Record if My Case is Dismissed?

A good defense can have your case dismissed in Denver. And if you are proved innocent, you probably don’t want the records lingering in your criminal records and impacting your employment and housing prospects. Fortunately, you can seal those records immediately, and no one will have to know that you were ever charged for eluding police officers in Denver.

On the other hand, convicts eluding with fatalities might never get a chance to seal the records. Other felony convicts, with or without injuries, can seal three years after the conclusion of the case. The procedures for sealing a criminal record can be complex, and you might consider asking for legal guidance.

Professional Legal Advice in Denver

There are many approaches to defense in an eluding case in Denver, but not all are applicable in your case. It takes extensive legal experience to tailor-make a winning strategy for each case. A criminal defense attorney that is conversant with the ins and outs of the Colorado justice system can give your charges a desirable outcome.

Our attorneys can help residents, visitors, and immigrants face eluding charges in Colorado fearlessly. Book your first free consultation for guidance and representation.

Dan Murphy
By: Dan Murphy

Denver criminal defense lawyer Daniel M. Murphy provides clients in the Denver area with aggressive and sympathetic legal representation. He graduated from the University of Denver Law School in 1994 and worked as a public defender before starting his own practice in 1996. He has defended clients accused of the most difficult criminal and alcohol-related charges. He also serves as a Moot Court Judge for Denver-area law students who rely on his mentorship.