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Felony vehicular eluding and misdemeanor eluding a police officer - Colorado Springs Attorney Robert D. Gustafson criminal & traffic defense trial practice 25+ years
in Colorado Courts
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RIGHT
TO REMAIN SILENT
NO STATEMENTS
LAW ENFORCEMENT
* PROSECUTORS
* THIRD PERSONS |
Admissions made by a criminal defendant may be admissible in the prosecutor's
case in chief. At the of investigation or arrest or subsequent thereto, no criminal defendant should discuss a case with or make
any statements whatsoever to any law enforcement officer, prosecutor, witness,
the alleged victim, an insurance adjuster or any other third person.
Prosecutors
will not hesitate to file intimidation of witness felony charges, and your
statements are admissible in a trial or motions hearing. You have the
absolute right to remain silent even if police don't tell you. Exercise
that right. In some circumstances, no statutory
privilege exists with respect to medical providers (doctor, nurse, etc),
counselors (psychologist, psychiatrist), clergy (minister, priest) or spouse
(husband, wife) - only the attorney-client privilege exists. Consult with your attorney before
talking.

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BAIL
BOND
refer to above link for information |

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ELUDING
A POLICE OFFICER
ATTEMPTING TO ELUDE A POLICE
OFFICER
MISDEMEANOR |
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ELUDING
POLICE OFFICER - STATE COURT
Colorado
State Courts - El Paso County - County Court
CRS 42-4-1413. Eluding or attempting to elude a police
officer.
State
Statutes - CRS
Any operator of a motor vehicle who the officer has reasonable grounds to
believe has violated a state law or municipal ordinance, who has received a visual or audible signal such as a red light or a siren from a police
officer driving a marked vehicle showing the same to be an official police, sheriff, or Colorado state patrol car directing the operator to bring the
operator's vehicle to a stop, and who willfully increases his or her speed or extinguishes his or her lights in an attempt to elude such police
officer, or willfully attempts in any other manner to elude the police officer, or does elude such police officer commits a class 2 misdemeanor
traffic offense.
DEFINITIONS
- COLORADO STATE COURTS
| State Court Possible Penalties
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Adult |
Minor |
| Jail |
10 - 90 days |
10 - 90 days |
| Fine |
$10 - $300 |
$10 - $300 |
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Points
against
Colorado Driving Privileges |
12
Points |
12
Points |
Eluding is not defined as a major offense for purpose of
habitual
traffic offender determination. CRS
42-2-202
However, refer to
DARP Aggravator
criminal court sentencing
OTHER RELEVANT
WEB PAGES
State
Court Proceedings - Offenses *
Criminal
& Traffic Sentencing *
DMV
License Suspension Action
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COLORADO
SPRINGS MUNICIPAL COURT |
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ELUDING
POLICE OFFICER - CITY COURT
Colorado
Springs - Municipal Court
10.24.109: ELUDING OR ATTEMPTING TO ELUDE POLICE
OFFICER.
Colorado
Springs City Ordinances
It shall be unlawful for any operator of a motor vehicle who the officer has reasonable grounds to believe has violated a State law or municipal ordinance, who has received a visual or audible signal such as a red light or a siren from a police officer driving a marked vehicle showing the same to be an official police, sheriff or Colorado State patrol car directing the operator to bring the operator's vehicle to a stop, to wilfully increase the speed or extinguish the lights in an attempt to elude the police officer, or wilfully attempt in any other manner to elude the police officer, or does elude the police officer. (1968 Code §6-24-9; Ord. 75-86; Ord. 81-204; Ord. 01-42)
DEFINITIONS
- COLORADO SPRINGS MUNICIPAL COURT
| Colorado
Springs Municipal Court Possible Penalties
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Adult |
Minor |
| Jail |
10 - 90 days |
0 - 10 days |
| Fine |
$10 - $500 |
$10 - $500 |
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Points
against
Colorado Driving Privileges |
12
Points |
12
Points |
Eluding is not defined as a major offense for purpose of
habitual
traffic offender determination. CRS
42-2-202
However, refer to
DARP Aggravator
criminal court sentencing
OTHER RELEVANT
WEB PAGES
Municipal
Court Proceedings - Offenses * *
DMV
License Suspension Actions
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Robert D. Gustafson
Attorney At Law
Colorado
Springs, Colorado |
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Surrounding Area
MUNICIPAL COURTS
ELUDING POLICE DEFENSE |
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Phone (719)
260-1002
Toll Free (800)
410-1002
Fax (719) 260-1003 |
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Southern Colorado |
Metro Denver Area |
Colorado
Springs Municipal Court
Municipal Court - Colorado Springs, Colorado |
Calhan Municipal Court
Municipal Court - Calhan, Colorado |
Denver City & County Traffic Court
Traffic Court - Denver, Colorado |
Denver City & County Criminal Court
Criminal Court - Denver, Colorado |
Canon City Municipal Court
Municipal Court - Canon City,
Colorado |
Castle Rock Municipal Court
Municipal Court - Castle
Rock, Colorado |
Aurora Municipal Court
Municipal Court - Aurora, Colorado |
Brighton Municipal Court
Municipal Court - Brighton, Colorado |
Cripple Creek Municipal Court
Municipal Court - Cripple
Creek,
Colorado |
Florence Municipal Court
Municipal Court - Florence, Colorado |
Broomfield Municipal Court
Municipal Court - Broomfield, Colorado |
Centennial Municipal Court
Municipal Court - Centennial, Colorado |
Fountain Municipal Court
Municipal Court - Fountain,
Colorado |
Manitou Springs Municipal Court
Municipal Court - Manitou
Springs, Colorado |
Englewood Municipal Court
Municipal Court - Englewood, Colorado |
Federal Heights Municipal Court
Municipal Court - Federal Heights, Colorado |
Palmer Lake Municipal Court
Municipal Court - Palmer
Lake, Colorado |
Pueblo Municipal Court
Municipal Court - Pueblo,
Colorado |
Golden Municipal Court
Municipal Court - Golden, Colorado |
Littleton Municipal Court
Municipal Court - Littleton,
Colorado |
Simla Municipal Court
Municipal Court - Simla,
Colorado |
Woodland Park Municipal Court
Municipal Court - Woodland
Park,
Colorado |
Sheridan Municipal Court
Municipal Court - Sheridan,
Colorado |
Thornton Municipal Court
Municipal Court - Thornton, Colorado |
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Denver
Travel Time & Mileage
Colorado Springs
Attorney |
Wheat Ridge Municipal Court
Municipal Court - Wheat Ridge,
Colorado |
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NOTICE: It is the policy of the presiding judge in
Palmer Lake Municipal Court
not to accept negotiated plea settlements. If your ticket in in this
court, counsel must prepare for trial;
trial fees and costs would be quoted.

State court only - this crime exceeds the jurisdiction of municipal court.
Colorado
State Courts - El Paso County - District Court
CRS 18-9-116.5. Vehicular eluding.
State
Statutes - CRS
Any person who, while operating a motor vehicle, knowingly eludes or
attempts to elude a peace officer also operating a motor vehicle, and who knows or reasonably should know that he or she is being pursued by said
peace officer, and who operates his or her vehicle in a reckless manner, commits vehicular eluding. Vehicular eluding is a class 5 felony; except
that vehicular eluding which results in bodily injury to another person is a class 4 felony and vehicular eluding which results in death to another
person is a class 3 felony.
DEFINITIONS
- COLORADO STATE COURTS
Eluding is not defined as a major offense for purpose of
habitual
traffic offender determination. CRS
42-2-202
However, refer to
DARP Aggravator
criminal court sentencing
OTHER RELEVANT
WEB PAGES
State
Court Proceedings - Offenses * *
DMV
License Suspension Action - 12
Points
felony proceedings differ slightly from misdemeanor - pre-trial
conference is not available & maximum jurors is 12

CRS
42-2-206. Driving after revocation prohibited.
State
Statutes - CRS
(b) (I) A person commits the crime of aggravated driving with a revoked
license if he or she is found to be an habitual offender and thereafter operates a motor vehicle in this state while the revocation of the
department prohibiting such operation is in effect and, as a part of the same criminal episode, also commits any of the following offenses:
(D) Eluding or attempting to elude a police officer, as described in section 42-4-1413;
(F) Vehicular eluding, as described in section 18-9-116.5, C.R.S.
Refer to CRS 42-2-206 for the
entire statute
DEFINITIONS
- COLORADO STATE COURTS

CRS 16-13-303. Class 1 public
nuisance.
State
Statutes - CRS
(1)(j) Used in the commission of
felony vehicular eluding pursuant to section 18-9-116.5, C.R.S.;
(2) All fixtures and contents of any building, structure, vehicle, or
real property which is a class 1 public nuisance under subsection (1) of this section and all property which is a class 1 public nuisance under
subsection (1.5) of this section are subject to seizure, confiscation, and forfeiture as provided in this part 3. In addition, the personal
property of every kind and description, including currency and other negotiable instruments and vehicles, used in conducting, maintaining,
aiding, or abetting any class 1 public nuisance is subject to seizure, confiscation, and forfeiture, as provided in this part 3.
DEFINITIONS
- COLORADO STATE COURTS


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WHAT
IS THE DIFFERENCE
BETWEEN MISDEMEANOR & FELONY ELUDING? |
Essentially -
reckless
driving.
One may be said to be guilty of wanton behavior when, although the defendant may not have deliberately intended to injure anyone, he consciously chooses a dangerous course of action which to a reasonable mind creates a strong probability that injury to others will result.
Martin v. People, 179 Colo. 237, 499 P.2d 606 (1972).
One who commits reckless driving necessarily has been guilty of careless driving, for the greater degree of negligence includes the lesser.
People v. Chapman, 192 Colo. 322, 557 P.2d 1211 (1977). This means
careless driving is a "lesser included offense" of reckless driving,
and if charged with reckless, a defendant may request a jury instruction on
careless. Reckless driving is a "lesser included offense of vehicular
eluding. People v. Pena, 962 P.2d 285 (Colo. App. 1997).
Both reckless and careless driving offenses consist of two elements: (1) the act of driving a motor vehicle, and (2) the state of mind in "disregard" of or "without due regard" for safety.
People v. Chapman, 192 Colo. 322, 557 P.2d 1211 (1977).
The two offenses differ only in that the degree of negligence required is far more culpable in reckless driving than in careless driving, although it falls short of intentional wrongdoing.
id.
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The felony has aggravators for vehicular eluding which results in bodily injury to another person
(class 4 felony) and
for vehicular eluding which results in death to another
person (class 3 felony).
Bodily Injury means physical pain, illness,
or any impairment of physical or mental condition
Source: COLJI 5(5), CRS
18-1-901(3)(c)
Attorney Note: no specific
degree of pain is required under the definition.

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ELUDING
WILDLIFE
OFFICERS OR
PARK
& REC DEPARTMENT OFFICERS
ELUDING OR ATTEMPTING TO
ELUDE AN OFFICER |
State court only - these crimes are violations of state statutes, not municipal
ordinances.
Colorado
State Courts - El Paso County - District Court
CRS 33-6-111. Inspection of license and wildlife
- check stations - failure to
tag - eluding an officer.
State
Statutes - CRS
(1) Any person who hunts, traps, fishes, or possesses wildlife for any
purpose shall produce all applicable licenses issued to him by the division, all firearms, all records required to be maintained by articles 1
to 6 of this title or by any rule or regulation of the commission, all wildlife, and any personal identification documents when requested to do so
by a district wildlife manager or other peace officer, as defined in section 33-1-102(32) empowered to enforce articles 1 to 6 of this title.
Any person who refuses to permit inspection of such personal identification documents, licenses, firearms, records, or wildlife is guilty of a
misdemeanor and, upon conviction thereof, shall be punished by a fine of fifty dollars and an assessment of five license suspension points.
(2) The division is authorized to establish check stations, as needed, at
locations within the state to aid in the management of wildlife and the enforcement of articles 1 to 6 of this title and the rules or regulations
of the commission. Persons who encounter check stations, whether in possession of wildlife or not, shall stop and produce licenses issued by
the division, firearms, and wildlife for inspection by division personnel. Any person who violates this section is guilty of a misdemeanor and, upon
conviction thereof, shall be punished by a fine of one hundred dollars and an assessment of five license suspension points.
(3) Any person who fails to void his license or carcass tag as required by
commission rule or regulation is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of fifty dollars and an
assessment of ten license suspension points.
(4) It is unlawful for any person to elude or attempt to elude by any
means a Colorado wildlife officer or other peace officer after having received a visual or audible signal such as a red or red and blue light,
siren, or voice command directing him to stop. Any person who violates this subsection (4) is guilty of a misdemeanor and, upon conviction thereof,
shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars and an assessment of ten license suspension
points. In addition, the court shall require the person to pay for any damages caused to any public or private real or personal property damaged
while eluding an officer.
DEFINITIONS
- COLORADO STATE COURTS
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CRS 33-15-105. Eluding.
State
Statutes - CRS
It is unlawful for any person to elude or attempt to elude by any means a parks and recreation officer or other commissioned officer of the division
after having received a visual or audible signal such as a red or red and blue light, a siren, or a voice command directing him to stop. Any person
who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of three hundred dollars.

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Jurisdictional
attack - refer to link for information
DUI case
Attack the jurisdiction
(power) of
the court in the pending criminal case
Jurisdictional attack may be
an important concept in defense of any given eluding case
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Lack of reasonable suspicion for
initial attempted contact by the law enforcement officer
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Lack of probable cause for
warrantless arrest or seizure of the defendant's person
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Color of authority - peace
officer acting within course & scope of his or her employment.
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Unlawful extra-jurisdictional
arrest
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Defendant's admissions the
result of undue influence, duress and coercion - due process violation
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Defendant's admissions taken in
violation of
5th Amendment privilege
against self incrimination
6th Amendment right to legal
counsel
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Alleged offense did not occur on
public roadway or highway? - sorry, won't work in eluding cases
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Driving
A third person, not
defendant, was driving a motor vehicle
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Officer observations - what
didn't he observe which a jury member might expect? What was the
officer's opportunity to observe? - lighting, time spent, temperature,
etc.
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Officer credibility.
Experience with traffic enforcement and training, over concern with conviction
statistics, a cop's cop or an average Joe doing a job, would the jury
members want this particular officer stopping him / her? Has the
officer overstated his / her observations in relation to the driving
behavior? How
well was the stop and investigation conducted?
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Eluding is a factual determination based upon the
circumstances of the case. The case may turn upon factual argument
regarding the facts - defendant's conduct & driving pattern and officer
conduct.
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Reasonable doubt - state proof
beyond a reasonable doubt
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Cloak of innocence and burden of
proof upon state - beyond a reasonable doubt. A defendant is not
required to prove innocence - the state must prove guilt.
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When all else fails:
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Trial lawyer's adage:
If the facts are on your
side - pound the facts.
If the law is on your
side - pound the law.
If neither the facts nor
the law are on your side - pound the table !

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ACCIDENT
REPORTS & OTHER DMV FORMS
State of Colorado accident report obsolete 8/4/04
police now verify insurance at the accident scene
refer to above link for information, forms, state on-line accident report
and CSPD Cold Report |
Under Colorado
law, if the insurance information of a driver was not included in a law
enforcement traffic accident report, a
State of Colorado Accident Report
must be submitted to the
DMV
within 10 days of an accident. CRS 42-4-1609 Also by statute, statements by a
driver in the accident report may not be used in conjunction with any court
proceedings, criminal or civil, except that the DMV
may disclose the identity of a person involved in an accident when such identity
is not otherwise known or when such person denies his or her presence at such
accident. CRS 42-4-1610, CRS 42-7-504. The primary
purpose of filing the accident report is to comply with state law, and to
provide evidence of insurance on the vehicle - thereby avoiding an
FRA
suspension.- refer to link for information. If any of the below
charges are alleged, a driver should consult with his or her defense attorney
regarding exercise of constitutional privileges before making any oral or
written statement.
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DMV
- State of Colorado Accident Report
DMV
- Evidence of Insurance
DMV
- Affidavit of Financial Responsibility
DMV
- FRA - Release from Liability
DMV
- FRA - Waiver of Security - Financial Responsibility
DMV
- Promissory Note Contract
DMV
- Affidavit - Out of State Residency - FRA SR-22 Avoidance
Other
DMV forms
CSPD
Accident Cold Report
due within 72 hours of accident (large file - please be patient)
Any person may obtain a hardcopy cold report from the
CSPD
Police Operations Center
DMV
PROCEEDINGS & DRIVER LICENSE
MATTERS
LOSS OF COLORADO DRIVING PRIVILEGES |
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Driving in Colorado is
a constitutionally protected privilege, but nevertheless a privilege
which may be lost. Multiple statutes can cause loss of driving
privileges for different driver behavior. Drivers are entitled
to a
DMV hearing. In some circumstances the right to hearing
precedes potential DMV adverse action; under other Colorado traffic
laws the adverse order is entered, then the driver is provided notice
of the adverse action and right to request subsequent hearing.
If hearing has been held or a DMV final order has otherwise
entered and the Colorado driver's license or Colorado driving privileges have
been suspended, revoked or denied, the driver's remaining recourse is appeal to
the District Court.
DMV appeal is subject to a
statute of limitations. Right to
appeal may be lost if the driver delays. Upon final order in the District
Court, either party make take the case on appeal to the Colorado Court of
Appeals. Refer to links for additional information. |
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INDEPENDENT SERVICE PROVIDERS |
Where relevant, I utilize
the services of independent professionals. Rates of independent
providers of professional services change periodically and billings are not
controlled by counsel.
If retained by counsel as an
agent of the attorney, such independent service providers are bound by the
attorney-client privilege. If retained privately by the client, no such
agency or confidentiality exists.

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DO I NEED AN ATTORNEY?
Are prosecutors concerned with their
statistics? |
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Do I need an attorney?
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Probably time to loosen the pocket book and
hire a
defense attorney.
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If you are charged with
misdemeanor eluding police or felony vehicular eluding, it is advisable to retain competent
legal counsel. These are serious charges. All such charges contain
potential jail sentences
and 12 point suspension of driver's license or Colorado driving
privileges. Vehicle insurance consequences could also be
anticipated. You need not retain my services, but hire defense counsel.
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If convicted of either
eluding offense, you could anticipate policy termination or
significant increase in your insurance premiums - probably over a
period of 3 - 5 years.
Contact your insurance company underwriters to learn more of the
potential consequences. |
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At the time of the first
visit, a prospective client will be quoted attorney's fees and estimated costs. The quote will
be honored for a period of seven (7) days, after which it is subject to change
without notice if this office has not been retained. Attorney is a sole
practitioner with need to manage his caseload. Pending proposed client
acceptance and payment, retainer agreement proposals are subject to
withdrawal. Attorney reserves the right to decline any case.
In most circumstances, attorney initially makes an option offer of 1.) billing
to be upon hourly fees, or in the alternative, 2.) quote of a settlement flat
fee or a trial flat fee. Attorney reserves the right to quote hourly
fees only without a flat fee offer, or hourly and trial flat fee options only.
ELECTION.
Offered fee options will be up to the client, however client's initial election will be
final.
Included in attorney's primary website is a
web page devoted to clear definition & understanding of free
first
consultation, fees and costs, retainer agreement and terms of
representation. Additional
information regarding fees & costs may be found via the links
following potential quotes.
MISDEMEANOR
ELUDING POLICE
STATE COURT OR MUNICIPAL COURT |
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generally offer hourly fees or a settlement flat fee.
Most eluding cases plea bargain and do not proceed to
trial. The settlement This shall neither constitute an
offer, nor be construed as a binding estimate.
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Trial
flat fee would be dependent upon the facts and circumstances of the case, however the
above would be a common quote.
This shall
neither constitute an offer, nor be construed as a binding estimate. |
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FELONY
VEHICULAR ELUDING
NON INJURY AND NOT RESULTING IN DEATH |
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I
generally offer hourly fees or a settlement flat fee.
Most felony eluding cases plea bargain and do not proceed to
trial. The settlement flat would be
dependent upon the facts and circumstances of the case, however
the above
would be a common quote. This shall neither constitute an
offer, nor be construed as a binding estimate.
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Trial
flat fee would be dependent upon the facts and circumstances of the case, however the
above would be a common quote.
This shall
neither constitute an offer, nor be construed as a binding estimate. |
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FELONY
VEHICULAR ELUDING
RESULTING IN BODILY INJURY OR DEATH |
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Because
relevant facts can vary so widely in vehicular eluding -
injury or death cases, It is not possible to
"ballpark" a flat fee or costs estimate for this type of case. The attorney
would need to know more about the facts and circumstances
before offering a settlement or trial flat fee quote or an
estimate of litigation costs. |
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