Evading or fleeing arrest is a serious charge in the state of Florida. If a friend or family member has been charged with evading arrest, call Roundtree Bonding Agency to speak with an experienced and trustworthy bail bondsman today.
What Is Evading Arrest?
Evading arrest is charged as a felony in Florida. This felony charge can be broken into two categories — evading arrest (with no aggravating circumstances) and aggravated evading arrest. The general offense of evading arrest is categorized by three components:
- An individual is operating a vehicle,
- The individual is ordered to stop or remain stopped by a duly authorized law enforcement officer, and
- The individual willfully refused to comply with the specific orders.
Lights & Sirens Activated
If a law enforcement officer was operating an authorized marked, agency vehicle with lights and sirens activated, the evading arrest charge becomes aggravated evading arrest. The three components necessary for evading arrest must be present during aggravated evading arrest, too.
With High Speed Or Reckless Driving
If during the attempt to evade arrest the individual reaches a high rate of speed or drives with no regard for safety to other motorists, pedestrians, and/or property, this becomes aggravated evading arrest.
With High Speed Or Reckless Driving Causing Serious Bodily Injury Or Death
If during the attempt to evade arrest any individual suffered a serious bodily injury or was killed, this becomes aggravated evading arrest. The individual may be another motorist, pedestrian or law enforcement official.
Penalties For Evading Arrest
General Evading Arrest
General evading arrest is a third-degree felony, but only when there are no extenuating circumstances present. The penalties for this criminal charge include up to five years in state prison, or up to five years of probation, as well as up to $5,000 in fines. The friend or family member’s drivers license will also be suspended for a term of at least one year but not to exceed five years.
Aggravated Evading With Lights & Sirens Active
If the lights and sirens of a law enforcement vehicle were active when the friend or family member fled, it’s considered a third-degree felony upon conviction. The penalties are the same as the general evading arrest charge.
Aggravated Evading With High Speed Or Reckless Driving
If the evasion occurred with high speed and/or reckless driving, it’s a second-degree felony under Florida law. Penalties include up to 15 years in prison, or up to 15 years of probation, up to $10,000 in fines, and a driver’s license revocation for up to five years.
Aggravated Evasion Resulting In Serious Bodily Injury Or Death
If high speed and/or reckless driving caused serious bodily injury or death to another person, evading arrest is charged as a first-degree felony. The penalties include up a mandatory minimum three years and up to 30 years in prison, up to 30 years of probation, up to $10,000 in fines, and a driver’s license revocation for up to five years.
How Do Bail Bonds Work?
Bail bonds represent the pledge of the person under arrest to appear at all court dates until their case reaches resolution. After arrest, the person is taken to the local jail where they are processed into law enforcement custody. Depending on the circumstances, they may be eligible to bond out of custody the same day or they may be required to wait for a first appearance hearing before a judge. If required to wait for a hearing, the hearing is usually held the following business day.
However, it’s ultimately up to the judge to determine whether the friend or family member should be allowed to post bail. If this is the case, the amount may vary depending on the circumstances of the evading arrest charge and can quickly enter into the range of thousands of dollars. Many people don’t readily have access to large sums of money; they instead work with a bail bond agent to secure the release of their friend or family member.
When you call Roundtree Bonding Agency, for example, you have the option to pay the bond amount or have the bonding agency put up the full amount. If the latter is chosen, there is a 10 percent, nonrefundable fee based on the total amount. The process gets underway once the agent has:
- The set bond amount;
- The full name, date-of-birth, and booking number for your friend or family member; and
- The name of the jail where the friend or family member is in custody.