When Every Second Counts: Defending Fleeing & Eluding Charges in Upper Marlboro
You see the lights and hear the siren.
Your heart pounds.
In those split seconds, choices you make or think you have to make can turn a routine traffic stop into a felony fleeing and eluding charge.
Maryland treats these offenses with zero tolerance: even a brief attempt to avoid a marked patrol car can land you in criminal court, facing years behind bars.
I’ve represented clients in Upper Marlboro who swore they only sped up to get to safety or clear traffic—but the law views it differently. Here’s how I tackle these serious charges head-on.
Understanding Fleeing & Eluding in Maryland
Under Maryland Code § 21-904, you commit fleeing and eluding if you knowingly refuse to stop after being signaled by a marked police vehicle, then drive “at a high rate of speed or in a wanton or wilful disregard” for safety. That covers:
- Ignoring sirens or lights and accelerating away
- Swerving dangerously to avoid pursuit
- Driving off-road or through private property to shake officers
Unlike lesser traffic infractions, this is a misdemeanor on a first offense—punishable by up to three years in prison and hefty fines.
Repeat offenses or injuries to others can elevate it to a felony with even harsher penalties.
Why Clients Get Charged
Often, what starts as nervousness or confusion becomes a criminal case:
- Panic Reaction: “I thought they were after someone else.”
- Miscommunication: You didn’t realize the marked unit’s lights were directed at you.
- Avoiding Minor Citations: What seems like a ticket-skirting maneuver becomes a career-risking charge.
Intent matters. Prosecutors paint “flight” as proof you knew you did something wrong, and that presumption makes these cases uphill battles without an aggressive defense.
My Four-Point Defense Strategy
“In fleeing and eluding cases, I look for breakdowns in the stop itself—because if there was no lawful stop, there was no crime.”
Legality of the Stop
Did the officer have reasonable suspicion to initiate the stop? If they didn’t follow patrol protocols, we argue the entire pursuit was unlawful—nullifying the fleeing charge.
Clarity of Signal
Were lights and sirens visible and audible? The signal can be ambiguous in cluttered suburban roads or during bad weather. I obtain dash-cam footage and expert testimony to challenge whether you knew you were being signaled to stop.
Intent to Flee
Maryland law requires “willful” flight. I gather witness statements, cellphone GPS data, and even video from your interior camera to show you never intended to disregard police—only to safely navigate traffic or avoid a collision.
Negotiation & Alternative Resolutions
When full dismissal isn’t possible, I negotiate for reductions to reckless driving or other lesser moving offenses. That spares you a criminal record and dramatically lowers potential jail time.
The Road to Recovery
Facing a fleeing and eluding charge can feel like your world has spun out of control. But with an experienced attorney, you can steer back toward stability:
- Bail & Release Advocacy: I push for reasonable bail and argue for release on personal recognizance whenever safe.
- Pre-Trial Motions: I file targeted motions to suppress evidence—like improperly obtained video or inadmissible officer testimony.
- Trial Preparation: I prep you for every courtroom scenario, from direct examination to cross-examination, so your side of the story is heard.
Even if you’re guilty of a split-second decision, we work to mitigate consequences—protecting your record, your license, and your future.
Don’t Let Fear Drive You Further
Every day you wait to address a fleeing and eluding charge is another day you live under the threat of arrest.
The sooner you act, the sooner we can investigate, challenge the prosecution’s case, and pursue the best possible outcome.
Call me today for a free consultation at 301-627-5844.
When the stakes are this high, you need an ally who knows how to navigate Maryland’s toughest traffic offenses—so you can get your life back on track.
