Have you been charged with fleeing or attempting to elude a police officer in Freehold, NJ? This is a serious criminal offense, and a conviction can result in significant criminal penalties. Anyone facing these charges will likely feel overwhelmed by the potential consequences to their liberty, rights, and reputation.
With so much at stake, swift and effective legal help is critical. You need an experienced criminal defense attorney with the skills and resources required to fight your attempting to elude charge effectively. Our New Jersey criminal defense lawyers have a successful track record of getting charges reduced, cases dismissed, and obtaining sentences with zero to minimum jail time. Contact us today to schedule a free consultation where we can assess your situation, determine the right legal defense strategies, and fight for your best possible outcome.
Legal Definition of Eluding
New Jersey’s criminal code Section 2C:29-2 defines “eluding.” A person commits this offense if they knowingly flee or attempt to elude a law enforcement officer after receiving a signal to stop their vehicle or vessel. This law applies to both motor vehicles on roads and vessels in New Jersey waters.
The key elements of eluding a police officer include:
- Operating a motor vehicle or vessel
- Receiving a signal to stop from a law enforcement officer
- Knowingly fleeing or attempting to elude the officer
It is worth noting that the law creates a rebuttable presumption that the vehicle or vessel owner was the operator at the time of the offense. As such, the prosecution can assume the owner was driving unless the defendant provides evidence to prove otherwise.
Penalties and Consequences of Eluding Charges
The severity of penalties for eluding charges in New Jersey depends on the specific circumstances of the offense:
- Third-degree crime—This is the standard classification for eluding. It carries potential penalties of three to five years in prison and fines of up to $15,000. A person may receive this charge of a third-degree crime if they used or threatened physical force against the officer or otherwise created substantial risk for the officer. Attempting to flee in a vehicle is also considered a third-degree crime.
- Second-degree crime—If the driver’s attempt to elude creates a risk of death or injury to any person, it becomes a second-degree offense. A conviction carries five to ten years in prison and fines of up to $150,000.
Additional consequences include:
- Driver’s license suspension—The court may order a suspension of six months to two years.
- Criminal record— A conviction leaves the accused with a permanent criminal record, which may affect future employment and housing opportunities.
- Immigration consequences—For non-citizens, an eluding conviction may affect immigration status.
Defending Against Eluding Charges Involving High-Speed Chases
High-speed chases often result in more severe eluding charges, as they inherently create a risk of death or injury. Defending against these charges requires a strategic approach:
- Challenging the “knowingly” element—Your lawyer may argue you did not realize the officer was signaling you to stop.
- Disputing the risk assessment—An effective attorney can challenge the prosecution’s claim that your actions created a risk of death or injury.
- Questioning officer conduct—Your attorney may argue that the officer’s actions were improper or dangerous.
- Exploring technical defenses—A skilled legal team can examine potential issues with equipment calibration, proper signaling procedures, or chain of custody for evidence.
- Negotiating plea deals—In some cases, your legal representative may be able to negotiate reduced charges or penalties based on mitigating factors.
When facing eluding charges involving high-speed chases, having an experienced attorney who understands the nuances of New Jersey law defending you is crucial. They can build a defense strategy tailored to your specific situation and pursue the best possible outcome for your case.
Factors Influencing the Severity of Penalties
Several factors can affect the severity of penalties in eluding cases, including:
- Risk created—If your actions create a risk of death or injury, the charge escalates to a second-degree crime with harsher penalties.
- Prior offenses—A history of similar offenses or a criminal record may lead to more severe sentencing.
- Traffic violations—Traffic violations committed during the eluding incident can incur additional charges and penalties.
- Presence of passengers—Having passengers in the vehicle, especially minors, may be considered an aggravating factor.
- Injuries or property damage—Any injuries to others or property damage caused during the incident can increase penalties.
- Intoxication—You may receive additional charges and harsher sentencing if you were under the influence of alcohol or drugs when eluding an officer.
How Can A Criminal Defense Lawyer Help?
An experienced criminal defense lawyer can provide crucial assistance in cases involving eluding police and resisting arrest. Your attorney will begin with a case evaluation. They will thoroughly review the available evidence and circumstances of your arrest to identify potential weaknesses in the prosecution’s case. Based on the case details, your legal team will craft a tailored defense strategy they will use to protect your rights and interests. The process may involve:
- Negotiating with prosecutors for reduced charges or penalties, potentially avoiding the most severe consequences
- Filing motions to suppress evidence or have the charges dismissed
- Providing aggressive courtroom advocacy if your case goes to trial
- Arguing for the most lenient sentence possible if you are convicted
A skilled eluding police attorney can also explore options like pre-trial intervention or other diversion programs that may be available.
Contact Our New Jersey Eluding Police Charges Lawyers in Freehold, NJ
An attempt to elude charge can turn your life upside-down, and a conviction can put every aspect of your future in question. Anyone facing these charges should recognize the importance of securing a skilled criminal defense attorney to fight for them.
At Keith Oliver Law, we understand the shock, anxiety, and fear people experience when they face New Jersey eluding charges, and we want to put your mind at ease. With decades of combined legal experience and an exclusive focus on criminal law, our New Jersey eluding police charges lawyers are prepared to give you the support and advocacy you need at this pivotal moment in your life.
We are ready to guide you through the legal process so you understand your rights and options step by step. By leveraging our knowledge of New Jersey law and experience with eluding cases, we will work to achieve the best possible outcome for your situation, keeping your hopes of a brighter future alive.
Call us today or contact us online for a free consultation with a fleeing and eluding criminal defense attorney in New Jersey.
