Brother charged with Fleeing and Eluding in Ohio - What should he plea? His lawyer advising to plea guilty.

Asked almost 2 years ago - Cleveland, OH

My brother (18 years old, no prior record, full time job, college next fall) was the driver for a drug deal that was busted by undercover agents. The car was swarmed by unmarked cop cars/plain-clothes officers. He thought they were bad guys (his friend said he ripped them off), so he sped away. The chase lasted a few minutes and reached 90 mph before hitting a stop sign. They ran. He was arrested a couple min later. There is video of everything.

He's charged with Felony 3 Fleeing/Eluding. He has a defensible story, though I wouldn't believe it if I were in the jury. Should he fight it or should he plead guilty and accept felony charge and possible jail/prison time (He's terrified at the idea of going to jail, understandably). Is the lawyer being lazy by advising him to plead?

Attorney answers (2)

  1. Mark Rudolf Gusley

    Contributor Level 3

    Answered . Whether the decision to plead guilty to the F3 is right or wrong is difficult to answer without the benefit of knowing what was done to reach that recommendation by your brother's attorney. I certainly feel, at a minimum, your brother should feel comfortable with the effort his attorney has committed to the case and that there was sufficient attempts to negotiate a more favorable plea deal if going to trial was not in his best interest.

    This is a general answer to your question and does not create an atty client relationship
  2. David William Gross

    Contributor Level 11


    Lawyer agrees

    Answered . First - As a function of the limited forum here, there is just no way that you can provide all the facts and circumstances to be taken into account when advising someone to accept or reject a plea offer.

    Second - there is no way someone here can second-guess your brother's attorney.

    Just from the facts you gave, your brother COULD be charged as an accessory to the drug deal.

    If you have doubts about the advice, ask the lawyer to walk you and/or your brother through the pros and cons of accepting the offer and pleading guilty. He/she has no obligation to explain it to you, but many attorneys will anyway. Ultimately, it is your brother's call.

    Good luck.

    This answer is provided for informational purposes only. It does not constitute legal advice, nor does it... more

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