Q: My boyfriend was arrested in July he was charged with 2 counts of evading arrest in a motor vehicle, evading arrest and
Unauthorized used of motor vehicle. The judge gave him 5 years but he hasn't signed for it yet. How many years is he truly facing and what are his chances of early parole. This is his first offense and he has no prior record
A: Unauthorized use of a motor vehicle is a state jail felony. It is punishable by from 180 days to 2 years in the State Jail, or probation. There is no parole. That time is served day for day. Evading arrest in a motor vehicle is a class A misdemeanor punishable by up to one year in jail. It can become a state jail felony if it is a repeat offense. It can be a third degree felony, punishable by 2-10 years in prison, if committed using a tire deflation device or someone suffers serious bodily injury. It can be a second degree felony, punishable by 2-20 years in prison, if someone suffers death, or someone suffers serious bodily injury from the use of a tire deflation device. I am not seeing where the judge was giving him 5 years. And by the way, a judge cannot inject him/herself into plea negotiations. The judge cannot "give him 5 years". The State can offer it. Talk to his lawyer about why the offer is 5 years since, without more, he is facing a year in jail.
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