Essex County Eluding Police Lawyers
Traffic Attorneys with Offices in Newark, New Jersey
Although people tend to think that eluding charges are limited to high-speed police pursuits, the reality is that NJ eluding charges often arise in ordinary circumstances. For example, it’s possible that you did not realize that a patrol officer was attempting to stop your vehicle. Perhaps you didn’t see their flashing lights. As a result, you now face felony-level eluding charges. Depending upon the circumstances, you could be subject to a sentence of 10 years in state prison. That’s why it is imperative for you to speak with an experienced New Jersey traffic lawyers.
The knowledgeable lawyers at the Tormey Law Firm know how to fight eluding charges. We have successfully represented clients facing traffic charges like eluding police, driving while suspended, and reckless driving. Travis J. Tormey, the firm’s founding partner, appears on a daily basis in courtrooms throughout Essex County, including Newark, Montclair, and West Orange. Additionally, a member of the firm’s traffic defense team previously served as a county and municipal prosecutor, so we know how to effectively challenge the prosecution’s evidence in your case.
If you are facing traffic charges for eluding police, let the experienced traffic defense lawyers at the Tormey Law Firm help you beat the charges. Call us anytime at 201-654-3464.
N.J.S.A. 2C:29-2: Eluding Charges and Penalties in Newark
Eluding a police officer is addressed in the New Jersey Criminal Code under N.J.S.A. 2C:29-2. The statute makes it a crime for anyone to knowingly flee or attempt to elude any law enforcement officer after having received a signal to bring the vehicle to a full stop.
Eluding police is typically classified as a third degree felony. A conviction on third degree eluding charges is punishable by a sentence of 3-5 years in New Jersey State Prison.
In circumstances in which the offender eludes police and creates a risk of death or injury to another person, the charges can be classified as a second degree felony. New Jersey courts tend to interpret the “risk of death or injury” element of the statute very broadly. As a result, it is possible that you could be sentenced to 5-10 years in state prison.
In addition to facing potential prison time, anyone convicted of eluding police is subject to suspension of their driver’s license for a period of at least 6 months.
Fighting Eluding Charges in Montclair New Jersey
In State v. Mendez, a New Jersey appellate court ruled that the criminal statute applies when a person flees by motor vehicle “from a person who the perpetrator knows to be a law enforcement officer.” This means that the State must prove that you were aware that the individual following you was a police officer. Perhaps you did not realize that the vehicle behind you was a patrol car because it was an unmarked police vehicle. Most importantly, if the prosecution is unable to prove this “criminal intent” element, the eluding charges may not be appropriate in your case.
Eluding Police Charges in Essex County NJ
If you were arrested for eluding police, these charges can be issued on a summons (where you receive a complaint and a court date) or can be issued on a warrant where you must be taken to the Essex County Jail and have your bail reviewed. Then, you will be released from jail with certain reporting conditions to Pre-Trial Services (in person or by phone) or the State will move for detention asking the Judge to hold you while the case is going on. If the State moves for detention, your detention hearing will be held within 5 days of your first bail review. At the detention hearing, the Judge will consider the nature of the charges, your prior criminal history (if any), your ties to the community, and the risk that you will commit another offense (danger to the community) when deciding whether or not to release you from jail.
Once this is finished, the State will provide discovery which is all of the evidence the State possesses and intends to rely upon to try to prove the charges against you beyond a reasonable doubt. They will also make a plea offer. If you have no prior criminal record, you may be eligible for a first time offender program called Pre-Trial Intervention (PTI) which allows you to avoid jail time and a felony on your record if you successfully complete probation – the case is dismissed. You can only use this program one time in your life.
Free Consultation with a Millburn Eluding Police Attorney
Do not let a simple lapse in judgment ruin the rest of your life. If you or a loved one has been charged with eluding law enforcement in Essex County or anywhere else in New Jersey, the Tormey Law Firm can help you. We will scrutinize the traffic report and evaluate all of the evidence in the case. Call us now at 201-654-3464 to speak with an experienced traffic attorney, or email us to schedule a visit to our Newark NJ office.
