Table of Contents

Table of Contents

Eluding Charges New Jersey

Our Approach

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.

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.! 

Your case is as important to us as it is to you.

When you hire us, you will get total access to us. We respond to all communications and offer flat fees.

Your freedom is on the line and your choice of a criminal lawyer may be the most important decision you ever make. Meet with us today!

Eluding in New Jersey:
What exactly is it?

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.

exact eluding language:
NJSA 2C:29-2

  • 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:

Why are eluding
charges so serious?

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.

penalties?

  • (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

what about my driver's license?

If you plead guilty or are found guilty of eluding in New Jersey, you may lose your license from six months to two years.

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.

how bad is it if i also have resisting arrest charges?

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.

Defenses & legal Strategies

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.

 

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Reach Out For Help

In conclusion, these types of cases are very complicated.

More often than not, if you have an eluding charge, you probably have other charges too.

You may be eligible for a diversionary program like Pre-Trial Intervention so as to avoid prison.

The consequences of going to prison & having a criminal record are very serious.

We are Top-Rated New Jersey Criminal lawyers with tremendous experience in these types of cases.

Don’t hire just anyone to represent you with your criminal matter.

Meet with us to discuss your case. We love what we do & we love helping people. Let us help you!

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