Courts We Serve
- 21 April, 2018
- 15 April, 2018
- 3 April, 2018
Eluding a Police Officer
New Brunswick NJ Eluding Defense Lawyer
Eluding is an offense which is often underestimated until someone actually speaks to a defense lawyer. Rarely does an individual anticipate how serious a charge they face for allegedly failing to immediately pull over for police. The New Jersey Criminal Code makes this form of “resisting arrest” a felony that must be referred to the Superior Court in New Brunswick irrespective of where someone is charged in Middlesex County. The violation is particularly serious when the attempt to elude involves allegations that the motorist created a risk of injury or death to others (e.g. high speed chase, weaving through traffic, etc.) by virtue of the way he or she operated their car, truck, motorcycle or other form of motor vehicle. When eluding is enhanced from a third degree crime to a second degree crime under these circumstances, the accused faces five (5) to ten (10) years in prison. Given the severity of the stakes, you should not accept anything short of a skilled criminal attorney in terms of representation. The lawyers at our firm, The Law Offices of Jonathan F. Marshall have decades of experience defending individuals arrested for eluding in Piscataway, Monroe, Woodbridge, Sayreville or Old Bridge. A lawyer on our team, including Jason Seidman, a former Middlesex County Prosecutor, is prepared to conduct a comprehensive review of the facts surrounding your motor vehicle stop and to formulate a plan to successfully defend the allegations that you eluded police. Call our New Brunswick Office at 732-246-7126 for free consultation.
Middlesex County Eluding Offense
As previously stated, you can be charged with eluding in Middlesex County as either a third degree crime or second degree crime. In order to prove eluding as a third degree crime, the prosecutor must establish that the defendant operated a motor vehicle, on a street or highway and knowingly fled a police officer after having received a signal to stop. A motorist is only obligated to stop if he or she is summoned to do so by a police officer. This is customarily accomplished through activation of a siren and/or overhead emergency lights. The accused must be aware of the signal and, rather than stop, knowingly attempt to elude, avoid detection or capture by police. Herein lies the biggest source of debate in eluding cases like yours; namely, a lack of knowledge of being signaled to stop.
In terms of eluding in the second degree, there is an additional element that must be proven beyond reasonable doubt by the state. The defendant’s conduct during flight must create a risk of death or injury to others. In high speed chase cases or similar scenarios, this requirement will typically be established through direct testimony from the police or through use of mobile video recorder footage from the patrol car. A jury is also permitted to infer that this element has been satisfied if the defendant violated a traffic regulation during the pursuit.
Penalties for an Eluding in Edison NJ or Another Municipality
The penalties for eluding in Edison NJ or elsewhere are substantial. A third degree offense results in a fine that can reach $15,000 and up to five years in state prison. Second degree eluding results in a potential fine of $150,000 and 5-10 years of incarceration. It should be emphasized that since this is a second degree offense, there is a presumption of incarceration that applies at the time of sentencing. What this means is that even if you are a first offender and have no prior criminal record, there is a high probability that you will serve some form of incarceration whether it be prison or county jail time. A mandatory driver’s license suspension of six (6) months to two (2) years must also be imposed.
Piscataway NJ Eluding Attorney
Do not make the mistake that so many eluding defendants make by waiting until it is too late to attempt to secure representation from a qualified attorney. Whether you were charged in Piscataway NJ or another municipality in Middlesex county, eluding is not a offense to drag your feet in addressing. Things can quickly progress from indictment to plea cutoff. The time to act is now so that your lawyer can prepare a comprehensive defense. The highly experienced lawyers at The Law Offices of Jonathan F. Marshall are available to assist you immediately and initial consultations are free. We offer representation on eluding cases throughout the county, including those arising in South River, Edison, Highland Park, North Brunswick and South Brunswick. Call our Piscataway Office anytime 24/7 at 732-562-0308 for assistance with bail or any other issue.