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Eluding - The Basics
Eluding the police in New Jersey can be one of the worst decisions you ever make.
If you are charged with second-degree eluding, you will face between 5-10 years in prison. We understand that every case is different & that you may have a legal defense to this charge. There are circumstances where you can get charged with eluding but either you had no intention of fleeing from the police or you were not the person driving your car. It becomes a case of mistaken identity.
Our criminal defense lawyers have tremendous experience in representing people charged with eluding the police in New Jersey. You benefit from our extensive trial experience. Most importantly, we will be honest about your chances of winning your case. We never guarantee results. However, we do guarantee that we will aggressively fight for you.!
NJ Eluding Law - 2C:29-2b
Under New Jersey law NJSA 2C:29-2b eluding consists of fleeing or attempting to flee any police or law enforcement officer after having received a signal from that officer to stop.
Very simply, this means that you failed to stop when a police officer ordered you to stop. Instead, you took off. This most commonly occurs during traffic stops. People with weed in their car fear being arrested for a dime bag and try to outrun a police officer during a traffic stop. Unfortunately, your misdemeanor marijuana possession case just became a high felony.
Other examples include a foot chase. For example, the police approach you on the street for questioning in an investigation. They explain that they are detaining you for questioning and you run. Once you receive a police order to stop, you cannot try to escape. If you do, you’ll be facing eluding charges.
Eluding Definition
- a person is guilty of a disorderly persons offense if he purposely prevents or attempts to prevent a law enforcement officer from effecting an arrest.
- a person is guilty of a crime of the fourth degree if he, by flight, purposely prevents or attempts to prevent a law enforcement officer from effecting an arrest.
- An offense under paragraph (1) or (2) of subsection a. is a crime of the third degree if the person:
Eluding Penalties
New Jersey prosecutors and law enforcement take eluding charges very seriously.
When the police are involved in a high-speed traffic chase, people get hurt. These situations create a very high risk of danger and injury to everyone involved. When you are attempting to elude the police, you put your own life and the lives of police officers in danger.
Frequently, you will see on the news that someone died during a high-speed chase. Sometimes the person who dies is an innocent bystander.
If you injure or kill someone during a high-speed chase or while attempting to elude an officer, you can face other charges including resisting arrest, vehicular manslaughter, or aggravated manslaughter by eluding.
- (Felony) Second-Degree Offense — Five to 10 years in prison and/or fine of $150,000
- (Felony) Third-Degree Offense — Three to five years in prison and/or fine of $15,000
- (Felony) Fourth-Degree Offense — Up to 18 months in prison and/or fine of $10,000
- (Misdemeanor) Disorderly Persons Offense — Up to six months in prison and/or fine of $1,000
- License suspension – 6 months – 2 years
Important Eluding Fact
Important: Just because you got away and the police officer could not positively identify you as the driver, there is a "presumption" that as the owner of the car, you were the person who committed the crime of "eluding".
If you are facing eluding charges, don't talk to the police. Let us defend & protect you.
Eluding & Resisting Arrest
Eluding charges and Resisting Arrest charges usually go hand in hand.
We wouldn’t be surprised if you also have Obstruction of Justice Charges.
These three charges are usually bundled together. Unfortunately, the worst charge for you is the Eluding charge.
Eluding - Legal Defenses
If you’ve been charged with eluding in New Jersey, you will have the following choices:
Plead Guilty
You will have to admit what you did under oath. This option will leave you with a criminal conviction. It will stay on your record for years before it can be expunged. And it will show up a background check.
Plead Guilty to a Downgraded Charge
This is one aspect of plea bargaining. Instead of admitting that you committed eluding, we will work out a deal with the prosecutor where you plea guilty to a lesser offense.
Go To Trial & Get Acquitted
This means that the judge or jury listened to all of the evidence & decided that you are not guilty of committing eluding.
Go To Trial & Get Convicted
This means that the judge listened to all of the evidence & decided that you did commit the crime of eluding.
Defenses
There are two main defenses to eluding charges in New Jersey.
The first defense can be summed up as “I was unaware of the police officer’s intention to stop me. I didn’t hear the police sirens and I did not see the lights. I had no intention of fleeing the police.”
As you can imagine, this is a difficult argument to make. However, if it’s true, it’s true. It’s our job to defend & protect you.
The second defense involves a situation where the person driving your car was not you. Even if your car is registered to you, there are many situations where another person could’ve been driving your car. For example, your car may have been stolen or driven by someone other than you.
If I'm convicted at trial, can I appeal?
Yes.
Although appeals can be expensive, it’s definitely worth the money to try.
If you feel that you didn’t get a fair trial or that certain evidence was irrelevant or missing, an appeal is a way to go.
We highly recommend that you hire an aggressive, criminal lawyer to represent you for your appeal.
There are specific steps that must be taken to (intelligently) file an appeal.
Please do not try to do this alone, get help!
Our Experience
You or a loved one have been arrested. Understandably, you are terrified & have a lot of questions. You’ve heard about plea bargains & probation, but the process is overwhelming. You want a local attorney near you to represent you.
Mr. Peyrouton is from Ridgewood & handles all types of criminal matters in New Jersey The New Jersey Law Journal recently published one of his articles on the subject of criminal law.
How We Can Help
Regardless of the criminal charges you are facing, we are here to defend & protect you. Whether you are facing a restraining order, drug charge, theft charge, or aggravated assault charge, we are here to help you. Even a DWI case can really complicate your life.
If we can’t get your charges dismissed, we can either get them downgraded or place you in a diversionary program. The point is, our criminal defense lawyers will fight tirelessly to get you the best result possible. Take advantage of our free consultation to see how we can help.
Our Practice Areas
Below, you will find a few of our practice areas.
Areas We Serve
Our Hackensack criminal lawyers represent clients in Bergen County & nearby counties & cities.
Get Help With Your Case
How Do Your Free Consultations Work?
There are plenty of excellent Hackensack criminal lawyers in our area. Most, if not all of them, offer free, 20-minute, consultations. However, our free consultations do not have a time limit. You will never feel rushed.
The best way for us to help you is to patiently listen to your side of the story. Your version of events will serve as the basis for your legal defense. It is during these initial meetings that your memory of the event is fresh in your mind. Why we would rush you during such an important aspect of your case.
We understand that your choice of attorney could mean the difference between your freedom and spending years behind bars.
When you hire an attorney, you are entering a long-term relationship. For this reason, it is important that you feel comfortable with the team of Hackensack criminal lawyers that will represent you.
What our clients say about us
Chase Parchment
16:16 01 Apr 21
I was in a terrible bind. Police officer trumped up charges, lied and frankly tried to ruin me. I was facing six charges but I knew I was not guilty of anything. Samera was very professional and knowledgeable and helped guide me along. Alan was sharp from day one and in the end, all charges were dismissed. I couldn't be any happier. Not only will I use them if I need to (Though I hope it not), I will recommend Alan to anyone I know in need of counsel. Thank you again.
Alessandra Sawick
17:14 29 Mar 21
We had a smooth process dealing with the courts thanks to Peyrouton Law office. They are very professional and knowledge and helped us in every step of the way. They really care for the clients and for resolving their cases. I highly recommend their services.
sugoi desune
18:25 24 Mar 21
I went to this law office when I was in a dire situation and from an affordable cost and an incredibly hardworking law firm my situation was handled with care and saved me a lot of trouble.
Joao limao
18:21 24 Mar 21
Amazing lawyer! He took care of everything while I was able to relax and kept me informed the entire process throughout.
Bruce Lieblich
17:35 19 Mar 21
Personal attention to detail anytime you callRates are reasonable and his effort is second to noneAlways professional and solid legal guidanceCan help you day or night no stone left unturned
Maria Castillo
20:24 15 Mar 21
Thank you Alan and Samera for your wonderful work! This was my first time facing a criminal conviction and you guys were able to help me and support me throughout this process. Alan was able to get the best outcome in this situation and for that I will always be grateful for. I will definitely recommend this law office to anyone facing a hard time with the law. Thank you again!
Jason C
04:28 11 Mar 21
I never thought I would need legal assistance for my family, but Alan was awesome. Highly recommend to everyone and would have no problem using his services again. Samera is just a flawless addition to his team. I can't say enough good things about them.
Schumacher Photographs
18:10 10 Mar 21
This law firm and Samera in particular helped me out of a big jam that was actually a mistake NDMV made. NJ thought my car insurance lapsed when I moved out of state so they suspended my license which meant I could not get my car registered in my new state AND couldn't get my license updated nor could I go to dmv since I moved cross country. I answered every letter NJDMV sent me registered receipt mail with ALL the proof my vehicle NEVER had a lapse but they ignored all my correspondence. The office manager at Peyrouton Law, Samera handled everything. ONLY through her tenacity and persistence did this issue get resolved. NJDMV lifted the suspension so I could move forward where I currently live. This girl is dead on it! Thank you soo much Samera and Alan! Harry S.
B J
17:00 17 Feb 21
Crashnburn973
23:01 15 Feb 21
So far so good....no complaints here...Very good people