Evading Arrest Defense Lawyers In San Diego

Evading Arrest can be charged as a misdemeanor or a felony, resulting in serious criminal consequences and can destroy opportunities to find work, get an education, or obtain/keep a professional license.

What is Evading Arrest?

California Vehicle Code §2800.1 (Evading Arrest) or Vehicle Code §2800.2 (Felony Reckless Evading) defines Evading Arrest as “while operating a motor vehicle and with the intent to evade, willfully flees or otherwise attempts to elude a pursuing peace officer’s motor vehicle.“It is charged as Felony §2800.2 if there is “willful or wanton disregard for the safety of persons or

The evading arrest takes place when you flee from an officer who is pursuing you either in a marked motor vehicle or on a bike.

What must the prosecution prove to convict someone of Evading Arrest?

While you were driving, you intentionally fled or attempted to elude a peace officer.
The peace officer’s vehicle exhibited at least one lit red lamp that was visible from the front,
You saw or reasonably should have seen the lit lamp,
The officer sounded his/her siren as reasonably necessary,
The officer’s vehicle was distinctively marked, and
The officer who was driving was wearing a distinctive uniform.


If you did not “willfully” or “intentionally” evade the peace officer, you are not guilty of this crime. You may have been distracted by music, traffic, or even illegal use of a cell phone. Perhaps you were not fleeing, but trying to find a safe, well-lit place to pull over. Or, if you were intoxicated at the time, you may not have been able to for the required intent to commit the crime.

At My Criminal Defense, we might bring in an expert polygraph examiner to question you about your intent. The polygrapher’s report may be enough to convince prosecutors not to file charges. We also may send investigators to the scene of the arrest, to see if there were environmental factors (traffic noise, bright billboards, etc.) that may have kept you from noticing the police.

Insufficient evidence

If the prosecution must prove, beyond a reasonable doubt, that

The officer displayed a red light,
The officer was in a distinctive uniform,
And the officer was in a marked car.
At MyCriminalDefense, our team will scour police reports, seek out nearby cameras (on ATMs, or other businesses) and find witnesses to the pursuit to disprove any or all of these elements.

Pre-file Defense

A pre-file defense will be prepared by your attorney and will employ a unique defense strategy developed for your individual case. This strategy will involve investigations and preparing a presentation for the Prosecutor to be presented before the Prosecutor has made a decision to file charges. The goal of the pre-file defense is to convince the Prosecutor that there is a complete defense to the Evading Arrest allegations. Prosecutors can decide not to even file a case against you in court, leaving a clean criminal record.

Pre-Trial Defense

In the event, the Prosecutor does file Evading Arrest charges against you, your attorney’s swift actions to collect evidence of a strong defense will enable your attorney to try to get the charges dismissed. Additional investigation may commence by our team of experienced criminal defense attorneys in order to prove your innocence and get your charges dismissed before trial.

Trial Defense

In the event, the Prosecutor is unreasonable or fails to dismiss the Evading Arrest charges, your attorney has prepared a rock solid defense which will enable him to go to trial with a winning hand.

Consult an experienced California DUI attorney right away if you have been arrested for Evading Arrest. Don’t assume you are guilty. The Attorneys at the My Criminal Defense understand the weaknesses the prosecutor’s case and will use their skill and experience to build a strong and successful defense for you!

It is important to hire an attorney experienced in defending Evading Arrest cases In San Diego. Evading Arrest can lead to probation, hefty fines and jail time depending on the circumstances. Our attorneys have successfully defended hundreds of people with their Evading Arrest and other driving-related crimes charges over the last 27 years. My Criminal Defense attorneys will evaluate your case honestly and prepare a winning defense strategy for you! Don’t assume you are guilty! Contact My Criminal Defense today.