You could face a New Jersey eluding charge if you use a motor vehicle to avoid arrest. It is particularly serious when this occurs since a convicition on an eluding charge carries years behind bars. If were charged with eluding in a local municipalities such as Clinton, Readington, Raritan Township or Flemington, it is critical that you secure representation from a knowledgeable attorney. An accomplished litigator will be able to provide you a thorough defense. There is every opportunity to avoid a felony criminal record, incarceration and other pitfalls if you are well represented.
The Eluding Offense in Hunterdon County
When a person “knowingly flees or attempts to elude any police or law enforcement officer after having received any signal from such officer to bring the vehicle or vessel to a full stop”, they have commited eluding in violation of N.J.S.A. 2C:29-2b. Customarrily, It is a third degree crime to elude the police. Nevertheless, eluding can be aised to a second degree crime “if the flight or attempt to elude creates a risk of death or injury to any person.” This type of risk is presumed when a motorist violates a motor vehicle law, (commits a traffic violation) during the course of eluding. The violation might be illegal lane change, speeding, careless driving, reckless driving, failure to observe a traffic safety device or any other Title 39 violation.
Conduct Must Be Knowing A requirement to be charged with violating the eluding statute is that the conduct is knowing. What this takes into consideration is that the motorist is aware that they were summoned to stop by a police officer and nevertheless consciously decides to flee in order to elude them.
Penalties for Eluding You could be looking at to up to 5 years in behind bars and a fine of $15,000 for third degree eluding. A second degree eluding charge would expose you to 5-10 years in prison and a fine of as much as $150,000. It is also well worth noting that a presumption of imprisonment applies at the time of sentencing for second degree eluding.
Pretrial Intervention (PTI) An defendant can get out of a conviction for eluding in Union Township, Tewksbury, Lebanon or in other Hunterdon County municipailities by seuring admission into the Pretrial Intervention (“PTI”) Program. This usually requires that one (1) year of probation be completed.
Attorneys at Spodek Law Group represent clients facing eluding charges in Hunterdon County, including Flemington, Readington, Clinton, Raritan Township, Union Township, Bethlehem, Tewksbury, Lebanon, Alexandria, West Amwell, Hampton, Milford, Califon, Delaware Township, Holland, East Amwell, Franklin Township, Lambertville, Frenchtown, High Bridge, Glen Gardner, Bloomsbury and Stockton.
Flemington NJ Eluding Defense Lawyer
Eluding charges have the potential for devastating ramifications, especially when they are of the second degree variety. You can be incarcerated for close to a decade, fined over $100,000 and be left with a felony criminal record. And even a conviction for a third degree crime for eluding the police in a municipality such as Bethlehem, Lambertville, Hampton or Holland is a felony that triggers years of imprisonment. Hiring a lawyer who has a track record of success in defending eluding charges is key to avoiding consequences such as these. The attorneys at our firm, the Law Offices of Jonathan F. Marshall, have the knowledge and skill to competently represent you so that the risks currently hanging in balance are averted. You can learn how our lawyers can help you by contacting our Flemington Office at 908-824-0855.