FEDERAL CRIMINAL LAWYERS

Hunterdon County Eluding Attorney

You got charged with eluding police last week in Hunterdon County, maybe after a high-speed chase on Interstate 78 where you saw police lights in your rearview mirror and panicked and accelerated instead of pulling over and the pursuit reached speeds over 90 miles per hour before you finally stopped, maybe after police tried to pull you over on Route 31 near Flemington for a traffic violation and you didn’t immediately pull over because you were looking for a safe place to stop but prosecutors say you knowingly fled, maybe after a pursuit on Route 202 through Raritan Township where you ran red lights and drove recklessly while trying to evade police, maybe after you panicked during a traffic stop in Clinton and drove home to your house instead of pulling over on the side of the road, maybe after police claim you failed to stop for their lights and sirens but you honestly didn’t see or hear them signal you to stop. You don’t know whether you’re facing third-degree eluding with three to five years in state prison or second-degree eluding with five to ten years in state prison. You don’t know that second-degree eluding carries a presumption of incarceration meaning the judge presumes you go to state prison even if you’ve never been in trouble before with a mandatory minimum of five years under the No Early Release Act. You don’t understand the distinction between third-degree eluding which is basic fleeing versus second-degree eluding which requires that the flight created risk of death or injury to any person. You don’t know that there’s a legal presumption that risk of death or injury was created if you violated any motor vehicle law while fleeing – meaning if you were speeding, ran a red light, failed to signal, drove recklessly, or violated any traffic law during the pursuit then prosecutors can rely on a presumption that you created risk triggering second-degree charges. You don’t know about the registered owner presumption under N.J.S.A. 2C:29-2 which presumes that if your vehicle was involved in eluding then you were the operator even if you claim someone else was driving. You’re concerned about mandatory driver’s license suspension ranging from six months to two years in addition to criminal penalties. You’re concerned about whether your case will be prosecuted by the Hunterdon County Prosecutor’s Office at Superior Court in Flemington, concerned about grand jury indictment, concerned about trial before a judge or jury, concerned about spending five to ten years in state prison if convicted of second-degree eluding. The answer depends on multiple factors including whether the prosecution can prove you knowingly fled from police after receiving a signal to stop, whether the officer provided a proper signal that was reasonably observable to you, whether your flight created actual risk of death or injury or whether the prosecution is relying solely on presumptions, whether you violated any motor vehicle laws during the pursuit, whether the registered owner presumption can be rebutted with evidence someone else was driving, whether you have viable defenses such as you didn’t know police were signaling you or you were looking for a safe place to pull over or you had a legitimate emergency. Third-degree eluding carries three to five years in state prison and a $15,000 fine but has a presumption of non-incarceration for first-time offenders meaning you’ll likely receive probation not prison if you have no prior criminal history. Second-degree eluding carries five to ten years in state prison and a $150,000 fine with a presumption of incarceration and a mandatory minimum of five years under the No Early Release Act requiring you to serve 85% of your sentence before parole eligibility. All eluding cases in Hunterdon County are indictable offenses prosecuted at Hunterdon County Superior Court in Flemington after grand jury indictment. Thanks for visiting Spodek Law Group. Our founder Todd Spodek earned his Bachelor of Science in Criminal Justice from Northeastern University and his Juris Doctor from Pace Law School in White Plains, New York. Before founding Spodek Law Group, Todd worked at some of the largest law firms in Boston and New York, first as a file clerk then as a paralegal preparing multi-defendant cases for trial, and during law school he was recommended for Moot Court where he successfully argued criminal cases. Todd is a second-generation attorney – Spodek Law Group was originally established in 1976, making it a nearly 50-year-old family-owned criminal defense practice. With over 20 years of experience, Todd has handled thousands of tough cases and secured numerous acquittals at trial including Felony Murder, Depraved Indifference Murder, Assault, Robbery, Menacing, Harassment, and Predatory Sexual Assault. His work has garnered national media attention – he represented Anna Delvey (Anna Sorokin) in her high-profile grand larceny case which was featured in a Netflix special series released in 2022, represented the juror at the center of Ghislaine Maxwell’s bid for a mistrial, and handled the Faith Walk Ministry case involving over $1.2 million in fraud charges. Todd’s work has been featured in the New York Post, Newsweek, Fox 5, Business Insider, and Bloomberg. Spodek Law Group has received over 700 client reviews. We’ve represented many, many clients charged with eluding police throughout Hunterdon County at Superior Court in Flemington over nearly five decades, many, many successful outcomes including downgraded charges from second-degree to third-degree, negotiated dispositions that avoid mandatory minimums, and trial acquittals. If you’re reaching out to us – we understand the stakes you’re facing.

Eluding Charges and Presumptions

Eluding under N.J.S.A. 2C:29-2(b) occurs when you operate a motor vehicle on any street or highway in New Jersey and knowingly flee or attempt to elude any police officer after receiving a signal from the officer to bring your vehicle to a full stop. The prosecution must prove three elements beyond a reasonable doubt: first that you were operating a motor vehicle, second that you knowingly fled or attempted to elude a police officer, and third that you received a signal from the officer to stop. The signal requirement means the officer must provide a signal that is reasonably observable by you such as overhead lights and sirens on a marked police vehicle, an officer in uniform providing hand signals or verbal commands, or other signals that would alert a reasonable person that police are directing them to stop. The knowing element requires proof that you were aware police were signaling you to stop and you intentionally failed to stop – if you genuinely didn’t see or hear the police signal then you didn’t knowingly flee. Third-degree eluding is the basic offense carrying three to five years in state prison and a $15,000 fine under N.J.S.A. 2C:43-6. Second-degree eluding applies when the flight or attempt to elude creates a risk of death or injury to any person and carries five to ten years in state prison and a $150,000 fine under N.J.S.A. 2C:43-3. The critical distinction is whether your flight created risk of death or injury.

The statute creates a presumption that risk of death or injury was created if you violated any motor vehicle law while attempting to elude police. This means if you were speeding during the pursuit, ran red lights or stop signs, failed to signal lane changes, drove recklessly, drove the wrong way on a one-way street, or violated any traffic law whatsoever while fleeing then the prosecution can rely on a legal presumption that you created risk of death or injury triggering second-degree charges. This presumption shifts the burden – instead of the prosecution having to prove you created risk, you must rebut the presumption by showing your driving didn’t actually create risk despite the motor vehicle violation. The presumption is powerful because almost any police pursuit involves some traffic violation whether speeding to get away or failing to signal while changing lanes. Another statutory presumption under N.J.S.A. 2C:29-2(b) is the registered owner presumption which presumes that the registered owner of the vehicle was the operator at the time of the eluding. If your car was involved in eluding police you’re presumed to be the driver even if you claim someone else was driving. You can rebut this presumption with evidence that someone else had access to your vehicle and was operating it at the time, but the burden is on you to produce such evidence.

Second-degree eluding carries a presumption of incarceration under New Jersey sentencing guidelines meaning the judge presumes you go to state prison even if you’ve never been in trouble before and even if you have strong mitigating factors. This presumption is extremely difficult to overcome. Additionally second-degree eluding is subject to the No Early Release Act under N.J.S.A. 2C:43-7.2 which imposes a mandatory minimum of five years in state prison and requires you to serve 85% of your sentence before parole eligibility. This means if you’re sentenced to five years you must serve approximately four years and three months before becoming eligible for parole. If you’re sentenced to ten years you must serve eight and a half years. The combination of presumption of incarceration plus the five-year mandatory minimum under NERA makes second-degree eluding one of the most serious motor vehicle-related offenses in New Jersey. Third-degree eluding by contrast has a presumption of non-incarceration for first-time offenders meaning if you have no prior criminal history you’ll likely receive probation, community service, fines, and license suspension rather than state prison time.

Defenses and Todd Spodek’s Approach

Defenses to eluding in Hunterdon County include challenging whether you knowingly fled from police by arguing you didn’t see or hear the police signal to stop, the officer’s lights or sirens weren’t functioning properly, you were distracted or had medical issues affecting your awareness, or weather conditions or traffic made the signal not reasonably observable. Another defense is challenging whether the officer provided a proper signal to stop – if the officer was in an unmarked vehicle without overhead lights, not in uniform, or failed to provide clear signals then the signal requirement isn’t met. You can argue you had no intent to flee but were merely looking for a safe place to pull over especially on highways where pulling over on the shoulder is dangerous or in areas where there’s no safe shoulder. If you’re charged with second-degree eluding you can challenge whether your flight actually created risk of death or injury by showing the roads were empty with no pedestrians or other vehicles, traffic was light, speeds weren’t excessive, or driving conditions didn’t make the pursuit particularly dangerous. You can rebut the presumption that risk was created even if you violated motor vehicle laws by demonstrating the violations were minor and didn’t actually endanger anyone. If you’re charged under the registered owner presumption you can rebut it with evidence that someone else had access to your vehicle – testimony from the actual driver, evidence you weren’t in the area at the time, alibi witnesses, or proof someone else had possession of your keys.

Todd Spodek employs sophisticated defense strategies in eluding cases honed over two decades of trial work defending the most serious criminal charges. He challenges the sufficiency of the prosecution’s evidence by cross-examining police officers about their observations, questioning whether the officer can testify that you saw or heard the signal to stop, demonstrating inconsistencies in police reports or dashcam video, and filing motions to suppress evidence obtained from unlawful stops or searches. Todd files motions to dismiss second-degree charges when the prosecution cannot prove actual risk of death or injury beyond relying on presumptions. He negotiates with prosecutors at the Hunterdon County Prosecutor’s Office to downgrade charges from second-degree to third-degree which eliminates the mandatory minimum and presumption of incarceration. In cases involving the registered owner presumption Todd presents evidence rebutting the presumption such as testimony from the actual driver or proof you weren’t operating the vehicle. His experience defending clients in Felony Murder, Assault, and Robbery cases gives him the trial skills to aggressively defend eluding charges at Hunterdon County Superior Court understanding that second-degree eluding convictions mean mandatory state prison time even for first-time offenders. Todd has successfully defended many, many eluding cases in Hunterdon County resulting in downgraded charges, negotiated pleas that avoid mandatory minimums, and trial acquittals.

Eluding convictions carry mandatory driver’s license suspension ranging from six months to two years under N.J.S.A. 39:5-30 in addition to criminal penalties. The conviction creates a permanent felony record that appears on background checks affecting employment in government, healthcare, education, and positions of public trust. Professional licensing boards may revoke or deny licenses for attorneys, nurses, teachers, and other professions. For non-citizens eluding convictions can have serious immigration consequences including affecting naturalization applications or providing grounds for deportation. You lose gun rights under federal and state law. Landlords routinely deny rental applications from individuals with felony records. The collateral consequences of an eluding conviction extend far beyond the prison sentence and fines. Todd Spodek and Spodek Law Group understand these long-term consequences and fight aggressively to avoid convictions through downgraded charges, negotiated dispositions, or trial acquittals understanding that preserving your freedom and your future is what matters most.

Call 212-300-5196.