Is this really evading a police officer?

[DonM309]

I'm not proud of this, and I'm obviously going to consult an attorney, but I just wanted to see if anyone here had any insight. A couple days ago, I was driving pretty fast, about 15-20 over, and I saw a police officer driving in the opposite direction. Figuring he may pull me over, I quickly turned off into the next street, which happened to be a long private driveway. After a couple of minutes, I pulled back out onto the main street, only to find that the officer was pretty much waiting for me. I got pulled over, and he gave me a speeding ticket, but he also gave me two criminal citations: one for trespassing and one for evading a police officer. He said he could have arrested me and taken me to jail, but that the citations amount to pretty much the same thing as an arrest. I have no record or anything, is it possible that the trespassing and evading charges will actually stick.

What is the name of your state (only U.S. law)? MD

 

[Eekamouse]

I'm not proud of this, and I'm obviously going to consult an attorney, but I just wanted to see if anyone here had any insight. A couple days ago, I was driving pretty fast, about 15-20 over, and I saw a police officer driving in the opposite direction. Figuring he may pull me over, I quickly turned off into the next street, which happened to be a long private driveway. After a couple of minutes, I pulled back out onto the main street, only to find that the officer was pretty much waiting for me. I got pulled over, and he gave me a speeding ticket, but he also gave me two criminal citations: one for trespassing and one for evading a police officer. He said he could have arrested me and taken me to jail, but that the citations amount to pretty much the same thing as an arrest. I have no record or anything, is it possible that the trespassing and evading charges will actually stick.

What is the name of your state (only U.S. law)? MD

Weren't you doing both of those things?

 

[DonM309]

Weren't you doing both of those things?

Technically, but I didn't think you could get charged with evading if the officer didn't have his lights on or anything like that.

 

[FlyingRon]

Frankly, unless there is more to this than you've stated, you're not guilty of either of these. Of course, the charges are serious enough I would recommend you get an attorney.

The eluding charge requires the cop to have told you to stop (either via activating his lights, or a hand signal, or voice command).
Merely driving up someone's driveway isn't trespassing either unless the land is posted or you've been otherwise informed you are not welcome.

 

[CdwJava]

I am curious what specific code sections you have been charged with (cited for) violating. What you or the officer may have called it may not be reflected in the actual code sections and it is the code sections that will determine the offense and the elements of the crime.

 

[xylene]

You need a lawyer, big time.

Also, whatever you may have said to the officer will play a big role here.