Arrests are always unsettling, regardless whether the reason behind person being arrested is the proper one. Yes, innocent persons might be mistakenly arrested and eventually released. However, it's critical to maintain patience and calmness when dealing with the police.
Even if you are getting arrested with no grounds, you will be eventually released. All you need to do is avoid evading the officer and running away from the police, and there are multiple reasons why.
First and foremost, it will simply complicate your case by giving off a very unfavorable impression. Second, eluding police officers is against the law in Louisiana. Finally, if you are apprehended by the authorities, you will be dealt harshly. Don't worry; we've only scratched the surface so far.
So, if you want to make sure that your interaction with the police remains smooth and peaceful, then you need to make sure that you deal with the police respectfully.
Lastly, just rest assured if you are getting arrested for no apparent reason. If there are no grounds for it, you will be released eventually.
That being said, let’s dive into the details of why you should not run away from a police officer, what to do when you are being arrested, and what does Louisiana law states about evading the police.
Why You Should Not Run From A Police Officer?
Evading a police officer is not a good idea at all. Not only will it cast a negative impression on the police officer, but it can also make your arrest case worse. As per the law, evading a police officer on foot and resisting arrest are usually considered misdemeanors. However, running from a police officer will automatically make them treat you more forcefully, simply because you are now an even more complicated challenge for them.
As per §108.1. Flight from an officer; aggravated flight from an officer (B.) "Whoever commits the crime of flight from an officer shall be fined not less than one hundred fifty dollars, nor more than five hundred dollars, or imprisoned for not more than six months, or both."
Louisiana Law On Running Away From A Police Officer
Louisiana law has no space for running away from a police officer. According to the 2011 Lousiana Revised Statute, the operator of a motor vehicle or a watercraft must stop when they are given a visual or audible signal by a police officer.
Aggravated flight from an officer is the intentional refusal of a driver to bring a vehicle to a stop or of an operator to bring a watercraft to a stop, under circumstances wherein human life is endangered, knowing that he has been given a visual and audible signal to stop by a police officer when the officer has reasonable grounds to believe that the driver or operator has committed an offense. The signal shall be given by an emergency light and a siren on a vehicle marked as a police vehicle or marked police watercraft.
Whoever does so shall pay a fine of at least $150 or up to $500. They may also face imprisonment for 6 months or both.
Louisiana's Law About Aggravated Flight From A Police Officer
Section D of LA Rev Stat § 14:108.1 defines aggravated flight as refusing to stop when signaled by a police officer and the human life was endangered. As per the law, it includes at least two of the following cases:
Leaves the roadway or forces another vehicle to get off the roadway.
The vehicle collides with another vehicle.
The chased vehicle exceeds the speed limit by 25 mph.
The vehicle travels against the traffic flow.
The watercraft violates the rule laid out by the LA Rev Stat § 34:851.4, which states that a vessel that is approaching the landing dock must yield the right-of-way to the departing vehicle.
The watercraft is operated in a criminal manner, in violation of LA Rev Stat § 14:99
The vehicle fails to follow a stop or yield sign.
The vehicle does not comply with a traffic control sign.
What To Do If You Are Being Arrested?
If you are being arrested, one of the things that you must make sure of is maintaining silence. Do not fall for any traps and avoid uttering things that can make your case much more complicated. If the police are trying to get you into the talking business, maintain your cool and calmly request an attorney.
One of the biggest mistakes people make is that they either get too angry or panic. Now, panic is understandable to some extent as this is an instinctive response towards an arrest, especially when they are innocent. In this case, when you are innocent, and you are being arrested for "evading a police officer", then stay calm and maintain your cool. That's because it must be proven that you were running from the police officer.
Sometimes, the person is distant from the police officer and may miss their visual and audible call. Turning away from the police officer and walking may seem like an attempt to escape the police officer. Similarly, there are several misunderstandings that can occur that can trick an officer into thinking that you were attempting to flee.
How To Interact With A Police Officer?
If you are stopped by the police, make sure you do your part and maintain a respectful discourse at all times. There's no need to lose your cool or make an unexpected move that could be misinterpreted as unfriendly. Make sure you meekly follow the police officer's orders. Finally, if the officer arrests you for no apparent reason, it is critical that you keep your composure and patience. You'll be fine if there aren't any grounds. In the absence of an attorney, it is also prudent to refrain from making statements.
Evading police officers can land you in a world full of legal troubles, fines, and other consequences.
This is why it is important to remain patient from the get-go and follow the instructions of the police officer.
In addition, whenever you are signaled to stop, do not lose your temper and make sure that you keep the interaction smooth and respectful.
Arrest cases can go in all sorts of legally complicated directions, even if an innocent citizen tries to evade the police. So, if you are being arrested on no grounds, then contact an attorney instead of panicking or giving officers a rough time.
Contact Us Today
Gaynell Williams LLC Attorney at Law offers a free initial consultation to discuss your case. The first consultation can be in person, or it can be virtual, on the Internet. Call Gaynell Williams today at (504) 302-2462 for a free consultation as soon as possible. We will work around your schedule. New Orleans lawyers Gaynell Williams LLC Attorney at Law have offices in Gretna and Downtown New Orleans by appointment only.
This information has been provided for informational purposes only and is not intended and should not be construed to constitute legal advice. Please consult your attorney in connection with any specific situation under Louisiana law and the applicable state or local laws that may affect your legal rights.
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