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  1. #1
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    Jun 2017
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    Default Defending Against a Charge of Evading the Police

    My question involves a traffic ticket from the state of: Colorado.

    I just got a call from my stepsister saying that there was 5 police officers there at her home to arrest me. They told her that I have a warrant out for my arrest. So I called the courts to confirm this and to my surprise there was intact a warrant out for a traffic ticket issued in December of last year, they said it was for evading a police officer.

    So my question is how can I been issued a ticket for something I didn't do? I don't drive and haven't drove so I can't believe that this is true. I wouldn't ever be eluding a cop so how could they have issued a ticket and a warrant? What would they need to prove to get this matter to hold up? What do I do when I know i didn't do such thing?

  2. #2
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    Default Re: Evading Police

    Quote Quoting Jmc8300
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    What do I do when I know i didn't do such thing?
    You hire a lawyer.
    You hire a lawyer.
    You hire a lawyer.

    Get it?

  3. #3
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    Default Re: Evading Police

    Ya so pay 1800.00 for something I didn't do! Danmit is there a way to get that money back?

  4. #4
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    Default Re: Evading Police

    Quote Quoting Jmc8300
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    Ya so pay 1800.00 for something I didn't do! Danmit is there a way to get that money back?
    It's not the money that's at stake. It's your freedom.

    Over the past decade or two, hundreds of people who had been convicted of crimes they didn't commit have been exonerated. For most of them, they were convicted because of things they told the police without the presence of an attorney.

    So, yes, you can be convicted of something you didn't do.

    I don't know what the problem is or why it takes FIVE police officers to come to your house to arrest you but if you go talk to them without a lawyer well, maybe nothing will come of it, or you'll get slammed down, handcuffed, booked, arraigned, and maybe have to post bail to be able to go home. It might be something a lawyer can help you avoid.

    But it's up to you.

  5. #5
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    Default Re: Evading Police

    Quote Quoting Jmc8300
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    I don't drive and haven't drove so I can't believe that this is true.
    What does the police report say?

    The police didn't pull your name up at random -- so before we can comment on the merits of the case, you need to tell us why they are accusing you of evading an officer. You (or your lawyer) can obtain a copy of the police report to find out what allegedly happened. If you cannot afford a lawyer you can check with the court to see if you qualify for a court-appointed lawyer.

  6. #6
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    Oct 2016
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    Default Re: Evading Police

    Quote Quoting Mr. Knowitall
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    The police didn't pull your name up at random...
    I concur. Either you or your car were involved in SOMETHING.

  7. #7
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    Oct 2014
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    Default Re: Evading Police

    Quote Quoting Highwayman
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    I concur. Either you or your car were involved in SOMETHING.
    Or a car owned by someone with the same or similar name. Police don’t always get the right person when running plates, after all.

  8. #8
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    Oct 2014
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    Default Re: Defending Against a Charge of Evading the Police

    It’s not clear which exact offense the warrant is for. Colorado does not have a crime known as evading the police. It does have two crime for eluding police while driving a motor vehicle. CRS § 42-4-1413 is the misdemeanor crime of eluding or attempting to elude a police officer. This occurs when a police officer turns on his lights or otherwise makes it clear he/she is attempting to stop you and you increase your speed, turn off your lights, or in any other manner try to elude the police officer. That can get you 10-90 days in jail and/or a fine of $150-300. CRS § 18-9-116.5 is the crime of vehicular eluding. This crime is at a minimum a class 5 felony offense in Colorado. The main difference between this crime and the basic eluding charge of CRS § 42-4-1413 is that the suspect drives recklessly while eluding police. If no one is hurt during the eluding, the felony offense will result in 1-3 years in prison and/or a fine of $2,000-$100,000.

    The police office likely ran the plate of the car that did the eluding and determined who owned it from DMV records. If your name is reasonably common, it may be simply a case of mistaken identity here. But given that even the misdemeanor crime can result in jail time, and the felony offense can result in 1+ years in prison and a huge fine, you need to approach this in a smart manner to ensure you don’t end convicted on one of these offenses. I strongly suggest you get a Colorado criminal defense lawyer to help you. If you truly don’t drive at all then this might turn out to be something the lawyer can resolve for you reasonably quickly and inexpensively. You stand a much better chance of a good outcome with a good attorney than you do trying to handle it yourself. Yes, it sucks that you have to deal with the fall out for something that evidently someone did. Unfortunately, though, in life these kinds of things sometimes happen.

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