When police officers attempt to stop or question someone, failing to comply can result in severe legal consequences. Maryland law takes these offenses seriously, and even seemingly minor attempts to avoid police contact can lead to criminal charges and possible jail time.
As a result, learning about how Maryland law defines “avoiding” or “evading” the police is essential if you ever find yourself in a position where you could potentially face these charges as a defendant. If you need help, contact a criminal defense lawyer to learn more.
What Does It Mean To “Avoid the Police” in Maryland?
Avoiding the police can take many forms, ranging from failing to stop for an officer’s lights and sirens to running on foot after being ordered to halt. In Maryland, the law distinguishes between different levels of evasion depending on the circumstances.
Some of the most common examples include:
- Fleeing or attempting to elude police after being signaled to stop by an officer in a marked vehicle
- Refusing to pull over when lights and sirens are activated
- Running away on foot after being told to stop by a uniformed officer
- Hiding or concealing evidence during a lawful stop or search
- Providing false information or identification to law enforcement
One of Maryland’s primary statutes addressing these behaviors as it relates to motor vehicles is MD Code, Transportation § 21-904, which makes it illegal to willfully attempt to elude or flee from a police officer after being given a clear visual or audible signal to stop.
What Are the Penalties for Fleeing or Eluding the Police?
The penalties for avoiding or fleeing from police in Maryland depend on the nature of the offense. The state divides these crimes into several categories, ranging from simple misdemeanors to felonies.
Basic Fleeing or Eluding
Under § 21-904(a), it’s a misdemeanor to willfully fail to stop your vehicle after an officer signals you to do so. A conviction can lead to:
- Up to 1 year in jail
- A fine of up to $1,000
- 12 points on your driver’s license
This type of conviction can also potentially result in license suspension through the Maryland Motor Vehicle Administration (MVA).
Fleeing or Eluding With Aggravating Factors
If someone flees from police in a way that endangers others (for example, by causing a crash or injuring a pedestrian), the penalties become much more serious. Under § 21-904(b), a conviction could result in:
- Up to 2 years in prison
- A fine of up to $2,000
- 12 points on your license
- Driver’s license suspension
- Increased insurance premiums and potential vehicle impoundment
These increased penalties reflect the serious risks involved when someone flees law enforcement in a way that puts others in danger.
Fleeing and Causing Injury or Death
If the act of fleeing leads to another person’s injury or death, Maryland law allows prosecutors to charge the offender with a felony, punishable by:
- Up to 10 years in prison if someone is seriously injured
- Up to 15 years in prison if someone is killed
Aggravating factors can also possibly increase these penalties further, such as if a deadly weapon was involved in the incident.
Avoiding the Police on Foot
Not every instance of evading police involves a car chase. Maryland law also criminalizes fleeing on foot when a person knows (or should reasonably know) that law enforcement is trying to detain them.
While running away may seem less serious, it can still result in resisting arrest charges under MD Code, Criminal Law § 9-408. Resisting arrest is a misdemeanor, but it carries up to 3 years in prison and a fine of up to $5,000.
Even if the officer did not yet place you under arrest, any attempt to avoid lawful detention can be treated as resisting. Additionally, physical contact or struggle with an officer can lead to assault charges, further increasing the legal risks.
The Broader Consequences of Avoiding Law Enforcement
Beyond jail time and fines, being convicted of avoiding or eluding the police can have far-reaching effects on your personal and professional life. These collateral consequences may include things like:
- A criminal record: A conviction stays on your record and may appear in background checks, limiting future job opportunities.
- Driver’s license consequences: The Maryland MVA can suspend or revoke your license for accumulating too many points or for fleeing convictions specifically.
- Insurance rates: Auto insurance premiums can rise dramatically following a fleeing or reckless driving conviction.
- Court costs and probation: Many defendants are ordered to pay additional court fees, complete probation, or attend driver safety programs.
- Reputation and trust: These cases can damage your standing in the community and create long-term social and financial challenges.
Considering the potential severity of these consequences, even a first-time offender should seek help from a criminal defense lawyer immediately.
Common Defenses To Avoiding Police Charges
There are sometimes valid reasons why someone might not have immediately complied with an officer’s instructions. Maryland law requires prosecutors to prove that you willfully tried to evade law enforcement. That means the act must have been intentional, not accidental.
Potential defenses might include:
- Lack of intent: You didn’t realize the person signaling was an officer, or you didn’t hear or see their signal to stop.
- Unsafe conditions: You intended to stop but were looking for a safe place to pull over.
- Mistaken identity: The officer or witnesses misidentified your vehicle or you as the suspect.
- Violation of rights: The police stop was unlawful, or the officer failed to follow proper procedures.
An experienced criminal defense attorney can investigate and research your case, and, from there, work to have your charges reduced or dismissed if possible under the law.
Contact a Rockland, MD, Criminal Defense Lawyer for a Free Consultation if You Have Been Charged
Avoiding the police in Maryland, whether by vehicle or on foot, carries serious legal and personal consequences. Knowing what your rights are and acting quickly with the help of a qualified defense lawyer in these circumstances can make all the difference in protecting your future.
If you’ve been accused of fleeing, eluding, or resisting arrest, don’t wait to get help. Call Alpert Schreyer Criminal Defense Attorneys today to schedule a free consultation with a Rockville criminal defense lawyer to discuss your options and begin building your defense.
For more information, contact Alpert Schreyer Criminal Defense Attorneys to schedule a confidential consultation with a criminal defense attorney. Our team is available to assist clients in Lanham, Frederick, Rockville, and Waldorf.
We proudly serve Prince George’s County, Frederick County, Montgomery County, Charles County and the surrounding areas. Visit our law offices at:
Alpert Schreyer Criminal Defense Attorneys Lanham
4600 Forbes Blvd Ste 201 Lanham, MD 20706
(301) 262-7005
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(301) 381-1993
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Alpert Schreyer Criminal Defense Attorneys Rockville
11140 Rockville Pike 550-J Rockville, MD 20852
(301) 364-3195
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Alpert Schreyer Criminal Defense Attorneys Waldorf
8 Post Office Rd, Waldorf, MD 20602
(301) 857-4771