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