How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Criminal Attorney Your Own Question

Criminal Attorney
Criminal Attorney, Lawyer
Category: Criminal Law
Satisfied Customers: 538
Experience:  Practicing Attorney with experience in criminal law
Type Your Criminal Law Question Here...
Criminal Attorney is online now
A new question is answered every 9 seconds

Is fleeing and evading a felony in the state of Ky and what

Customer Question

Is fleeing and evading a felony in the state of Ky and what sentence does it carry. My 20 year old son was on a motorcycle and got a ticket for fleeing and evadingand speeding (78 in a 55}. A cop friend of his and a friend that works at the court house acts as if this is nothing. They say, oh the judge will probably just fine him This young man works everyday as a millwright, does not drink or do drugs. He does not have any record at all. He is a model citizen with the exception of this. I don't know what in the heck got into him that day but his bike is for sale and he hasnt rode it since. I say plead not guilty, have charges reduced or dropped. I told him not to try to do this on his own without legal help. What do you think and what is the KY law? Felony or not?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Criminal Attorney replied 4 years ago.

Good Evening,

 

Thanks for choosing Just Answer.

 

Fleeing or evading can be a felony in Kentucky if the person evading is leaving the scene of a crime or domestic violence. If this is the case, it is a Class D Felony (the lowest felony). This is evading or fleeing police in the first degree.

 

From the facts your provided it sounds like it is more likely evading or fleeing in the second degree, which is a Class A Misdemeanor.

 

Here is the statute for evading or fleeing in the second degree--

 

520.100 Fleeing or evading police in the second degree. (1) A person is guilty of fleeing or evading police in the second degree when: (a) As a pedestrian, and with intent to elude or flee, the person knowingly or wantonly disobeys a direction to stop, given by a person recognized to be a peace officer who has an articulable reasonable suspicion that a crime has been committed by the person fleeing, and in fleeing or eluding the person is the cause of, or creates a substantial risk of, physical injury to any person; or (b) While operating a motor vehicle with intent to elude or flee, the person knowingly or wantonly disobeys a recognized direction to stop his vehicle, given by a person recognized to be a peace officer. (2) No offense is committed under this section when the conduct involved constitutes a failure to comply with a directive of a traffic control officer. (3) Fleeing or evading police in the second degree is a Class A misdemeanor.

 

Any crime is serious, but as long as its a misdemeanor it will probably not carry any serious jail time or penalty. It is always a good idea to hire an attorney to ensure that you can serve as little time and pay as small as fine as possible, and also have the charge reduced (if possible).

 

I would hire an attorney if you can afford it, and if not, request the public defender.

 

I hope this has been helpful. Please let me know if you need more information.

 

Thanks and good luck!

 

Customer: replied 4 years ago.
What is the sentence for fleeing and evading?
Expert:  Criminal Attorney replied 4 years ago.

Here is the statute about sentencing for misdemeanors--

 

532.090 Sentence of imprisonment for misdemeanor. A sentence of imprisonment for a misdemeanor shall be a definite term and shall be fixed within the following maximum limitations: (1) For a Class A misdemeanor, the term shall not exceed twelve (12) months; and (2) For a Class B misdemeanor, the term shall not exceed ninety (90) days.

 

The maximum sentence for a Class A misdemeanor is one year, but it is unlikely that he will serve any time at all. If this is his first offense, he most likely will have to pay a fine, maybe do community service, and will likely be on probation. Based on the facts of the situation I doubt that the judge will throw the book at him. I still think hiring an attorney is a good idea, If you do not have time to hire an attorney before tomorrow, he can plead not guilty and then could change his plea later if an attorney advised him that was his best option.

 

Thanks and good luck!

Customer: replied 4 years ago.

Does the prosecutor have much input or is it strictly up to the judge to make the decision?

Expert:  Criminal Attorney replied 4 years ago.

Actually the prosecutor has a lot of discretion in making or offering plea bargains, and then the judge has the discretion to accept or modify such agreements. If the case goes through trial, then the judge has sole discretion after getting recommendations from the defense, prosecutor, and anyone else involved.

 

I hope all this information has been helpful.

 

Thanks and good luck!

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.