An encounter with police can rather seamlessly escalate into a felony criminal charge when someone fails to immediately stop their vehicle for police or actually attempts to elude. If you are accused of engaging in this conduct and were arrested for eluding, you must take the situation seriously. At a minimum, you are facing a third degree crime under N.J.S.A. 2C:29-1 that can result in as much as five (5) years in prison. The jail term is double that if you have been charged with eluding in the second degree. Both also result in a felony record, fines and significant periods of driver’s license suspension. This is more than enough reason for you to get the message that you need to find an experienced eluding offense defense lawyer as soon as possible. At our criminal firm, we have handle hundreds of cases where clients purportedly attempted to elude the police. The good news is that we have been able to obtain Pretrial Intervention, a downgrade to a disorderly persons offense, dismissal of the charge and/or probation rather than jail in most of these case. This has even been the case for those facing second degree eluding charges. Let us put our tract record and decades of criminal defense experience, including years as prosecutors, to work for you. Call us any time of day to discuss your case, to assist with Bail, or for any other reason. There is no charge for the consultation.
Eluding Charges in New Jersey
There are two issues that are recurring in eluding cases. The first one involves the threshold question of whether the accused knowingly fled or attempted to elude. This is a question that goes to the motorist’s state of mind as he/she not only needed to know that the officer was attempting to make a stop but also must have possessed the intention of eluding the stop. Knowing what was in the mind of a driver is something that isn’t easy to prove, especially when there is a skilled defense lawyer like those at our firm fighting for the accused. The second issue that crops up over and over in 2C:29-2 cases is whether or not an accused actually a created a risk death or injury when they eluded so as to legitimately result in an escalation of the charge to a second degree crime. Patrol car video is frequently a crucial piece of evidence on this issue although we have been successful in avoiding second degree sentencing even in some of the worst of cases. This is an important achievement because the presumption of incarceration is negated, not to mention eligibility for Pretrial Intervention restored when this occurs.
NJ Eluding Offense Defense Attorneys
Having handled countless eluding cases in the past, you know all too well the shock that can come with discovery of the penalties that apply under the New Jersey Eluding Law. But whether you actually eluded the police or not, you have many defenses and options that our knowledgeable criminal lawyers are adapt in exploiting. Our record has historically been to keep individuals out of jail more often than not in second degree cases and to do much better than that in many others that we have defended under N.J.S.A. 2C:29-2. To learn what our attorneys can do for you, call us and take advantage of a free consultation.