My son who is 18 has been arrested for aggravated fleeing and eluding. Nobody was injured but there was property damage. Is it possible to have this charge reduced to wreckless driving? Please advise.
Q: Is it possible?
A: Sure. It is also possible to win the lottery. The better question is: Is it probable?
Securing a "breakdown" requires 1 of 2 things: Either a) Facts and circumstances which clearly demonstrate that the cops overcharged the conduct in question or b) A skilled and experienced criminal defense lawyer who can piece together a sufficient enough mitigation package to get the State to agree to a breakdown.
Consider, however, that your son may or may not enjoy viable defenses to the charges, affirmative or otherwise, or there may be factual, legal, procedural or substantive mechanisms by which to attack and beat the charges in your son's unique case, I do not know and the forum to find out is NOT on line; rather it is in the sanctity of attorney's offices, where statements are privileged and cannot be used against anyone.
The best way for you to get competent advise is going to be to consult with an experienced and local criminal defense lawyer who can follow-up on your information with questions of her/his own, as well as review the police reports and whatever evidence that you may provide and then offer an informed opinion.
My advise: GET OFFLINE (caps intentional) and into a skilled and experienced J-ville area criminal defense lawyer's office. Use the "Find a Lawyer" feature on AVVO to locate proximate lawyers, make an appointment, show up on time, bring whatever evidence, documents or witnesses that you may have, engage in a meaningful face-to-face consultation and get yourself some advise which is legally sound and has been custom tailored as possible to meet your son's specific reasonable needs in your son's unique case.
I hope that I have been helpful in answering your question.
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Possible, I suppose. Likely to happen in Duval County, no. But if you want any chance of achieving that result, I would hire the best attorney you can afford in Jacksonville.
Reducing, or dropping, charges is within the discretion of the prosecutor, and also the court, if a valid defense is asserted. None of this will occur without negotiation, best if pre-charge, and that requires an attorney to reach out to the state and try to negotiate a reduced charge. Of course, that attorney should also explore potential defenses and advise in all other aspects of this case. Get an attorney. good luck.
The above is provided for educational purposes only and is not legal advice nor makes you a client of the Mosca Law Firm, PA. Please consult with a lawyer in order to obtain confidential legal advice that is tailored to your specific situation and facts.
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