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Evans Juveniles – Eluding and Drive By Shooting: C.R.S. 18-9-116.5

| Aug 6, 2012 | Eluding |

Three juveniles from Evans, Colorado are in the custody of the Evans Police after allegedly participating in a drive-by shooting that injured two, leading to a police chase in Greeley (Eluding: C.R.S. 18-9-116.5). While the three boys remain in custody, it is unclear at this time what charges they will be facing. Possible charges could include Attempted Murder (C.R.S. 18-3-103), First Degree Assault (C.R.S. 18-3-202), and Vehicular Eluding (C.R.S. 18-9-116.5).

In Weld County, Colorado (which includes Evans), as well as other Colorado jurisdictions such as Arapahoe and Denver County, Vehicular Eluding is a class 5 felony, but is a class 4 felony if it results in injury, and a class 3 felony if it results in death. In order to prosecute someone for Vehicular Eluding, prosecutors in Douglas, Jefferson, and Adams County must prove that a person, while operating a motor vehicle, knowingly eludes or attempts to evade a peace officer also operating a motor vehicle and reasonably know that they are being pursued by a peace officer, and operates a vehicle in a reckless manner.

As humans, we have a deep-seated fight or flight response, and sometimes when facing criminal charges it is natural to be afraid and evade the police. This is even more true if you are facing charges based on false allegations. While criminal defense attorneys never encourage our clients to speak to or make statements to the police, it is always best to cooperate with them and not evade or resist arrest. Doing so will only make a bad situation worse.

If you have been involved in a chase with the Aurora, Westminster or Arvada police, and are now facing eluding charges in addition to other criminal charges, the experienced attorneys at the O’Malley Law Office can help. Our attorneys have spent years defending people like you against serious felony and misdemeanor charges in Colorado. We are passionate advocates, so be smart, exercise your right to remain silent, and call us today at 303-731-0719. Together, we can protect your future.