Normal? Why is the boy out at 1 A.M. on another's property? Why are they running away? Put yourself in the officers' shoes.Ask a similar question
If you really want to help out your son, help him hire a good criminal defense lawyer who can sort this out and maybe, just maybe, get a resolution that does not mess up the rest of his life.
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The officers would have to show that it was apparent that they were police officer. Additionally they would need to show that there was an actual evading. Here it is a misdemeanor. Of course it is an odd time to be out walking around on someone else's property. Nothing good happens at that time of morning.
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Ask your son's attorney about inquiring whether the D.A.'s office will "divert" the case, if they will consider such relief, short of a trial. It sounds like your son has no prior record, was not otherwise committing any offense (other than a thin beef of "criminal trespass" of the property), but did run from the police. Some considerations a good attorney will examine is whether the police car was marked or unmarked and whether the officer used any emergency lights or audible police-type sounds to identify police presence. The "divert" is an entire explanation by itself, but should be examined as an alternative from what I am reading here.Ask a similar question