Q: got charged with evading but never knew i was being pursued or seen lights on till i looked back, and slowed down.
i caught some speed on my bike to get home and guess i ended up passing a officer somewhere along the highway, i never noticed and lights or sirens while speeding and once i slowed down after a sec is when i noticed i had officer behind me with lights on at that moment not before, now im being charged with felony evading even though as soon as i noticed the officer behind me i pulled over. where should i go from here?
A: I'm sorry you are in this predicament, but there is a lot that can be done. It doesn't sound like you meet the "intentionally" part of the statute required for the offense. The State will try and prove their case through circumstantial evidence inferring that you knew you were being pursued. When the sirens come on, the dash cam is usually automatically activated which will allow the defense to take a look at how the events played out on video. The stop will also be recorded by the Officer's body camera. This will allow your attorney to see whether there are weak links in the State's case. The best next step for you is to hire experienced counsel to represent you so they can assess whether your case can be dismissed, or alternatively, mitigate the case in such a way that allows you to seal or even destroy the records related to your case after it is resolved. This is a general overview, but in the event this is your first offense, you will most likely have an option that will not result in your being a felon, having a conviction, or having a public record.
John Cucci Jr. agrees with this answer
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