Trenton NJ Eluding Lawyers
With Offices in Trenton and Pennington, NJ
An eluding or resisting arrest charge does not make you a bad person. In fact, the eluding charge might not even be correct under the circumstances. For example, it’s possible that you did not realize the police officer had turned on his sirens. It’s also possible that you saw the sirens but did not know how to react because you were scared and confused. You do not deserve to go to prison simply for making an understandable mistake.
Kamensky Cohen & Riechelson is a law firm with a track record of success in New Jersey and Pennsylvania. Our criminal defense lawyers have defended clients against eluding and East Windsor, Hightstown and everywhere else in Mercer County since 1972. We understand that you could be facing significant prison time; that’s why we will do everything possible to help you beat your charges. Call KCR today to explore your legal options and begin your defense.
N.J.S.A. 2C:29-2: Eluding Police Charges in Mercer County NJ
Eluding is a very specific charge that is addressed by the resisting arrest statute, which is set forth in N.J.S.A. 2C:29-2. Generally speaking, it is against the law for anyone operating a motor vehicle to flee or elude a police officer after having receiving a signal from the officer to stop the vehicle.
Eluding a police officer is ordinarily classified as a third degree felony. However, the charge may be elevated to a second degree felony if the defendant created a risk of death or injury to another person.
For the purposes of an eluding charge, it is presumed that the registered owner of the motor vehicle was actually operating the vehicle. This is a rebuttable presumption, which means that the defendant must demonstrate to the satisfaction of the court that they were not, in fact, driving the vehicle at the time of the eluding offense.
Penalties for Eluding Police in Princeton NJ
Anyone who resists arrest by using a motor vehicle to flee or elude a police officer is subject to a sentence of 3–5 years in New Jersey State Prison. Additionally, an eluding charge may result in a fine of up to $15,000.
Anyone who creates a risk of death or injury to another person while eluding police is subject to elevated charges and enhanced penalties. A conviction for second degree eluding may result in a sentence of 5–10 years in New Jersey State Prison and a fine of up to $150,000. Moreover, if the charge is upgraded to a second degree felony, there is a presumption of incarceration. This means that you will almost certainly be looking at prison time if you are convicted.
Additionally, a conviction for eluding, regardless of the degree of the charge, may result in the suspension of your driver’s license for up to 2 years; the minimum period of license suspension in these cases is 6 months.
Defenses to an Eluding Charge in Lawrence NJ
Although a driver is required to pull over immediately after a police officer signals them to stop, it is not always readily apparent to the officer that the driver has actually seen the signal. This makes it difficult to determine when the “eluding” actually began.
Additionally, if you are accused of eluding police in a motor vehicle, the prosecution must prove that you actually received a signal from the police officer to bring the motor vehicle to a full stop. Many times, an individual is charged with eluding when they had no idea that they had ever been signaled to stop. If the officer never signaled you, or if you did not realize that the officer had signaled you, an attorney might be able to get the eluding charge downgraded or dismissed.
Call a Hamilton NJ Eluding Defense Attorney
The criminal defense attorneys at Kamensky Cohen & Riechelson are prepared to help you fight an eluding charge in New Jersey. Call us anytime to discuss your case over the phone, or fill out the online contact form to schedule a free consultation at our Pennington or Trenton offices.