so here's the thing my boyfriend is being charged with fleein and eluding a leo at highspeed. The night this event occurred i was woken up from sleep at about 1 am by a FHP that says they had reported my car at a highspeed and it had out ran the statetrooper now granted my car was still sitting in my yard and i had been asleep and i live alone. My boyfriend lives about an hour away. The officers talked to me and said they never stopped the vehicle or got a look at who was driving the car besides noting the it was a male other than that. So he asked to talk to my boyfriend we meet with him and he said he couldnt identify him as the driver of the car. So after this a month passes and they arrest my boyfriend on the fleeing and eluding charge. does he have a chance of beating this case
Based on what you've put here, it sounds like your boyfriend has a very good case. It is absolutely essential that the police are able to identify the driver of the car. This is commonly referred to as a "wheel witness." If there is no wheel witness and no one is able to say who was driving the car, then the State can't prove who committed the crime. There may be facts or details that are not included here, so it is essential that your boyfriend have a good criminal defense lawyer to review all of the evidence.
This is not to be considered legal advice nor does an attorney-client relationship exist.
I think we are missing a few facts here. Was your boyfriend at your house at the time FHP arrives? Did the FHP speak with him while he was there?
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There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided.
There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. You may also contact the Florida Bar, (850) 561-5600.
Based upon the information you have provided your boyfriend has a pretty good shot at beating the case. You need to be aware that the law enforcement officer's statements may be very different in his Probable Cause Affidavit. Feel free to call my office for a consultation using the link below. Your boyfriend is going to need an attorney to win this case.
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