Contact Our Mount Holly Office To Speak To Our Team Of Highly Skilled Former Prosecutors About Your Burlington County Eluding Charge
Eluding is a pedigree to resisting arrest that arises in Burlington County and elsewhere when someone attempts to avoid the police using a car, truck, motorcycle or other form of motor vehicle. A motivating factor for the decision to flee the police rather than stop is often the presence of CDS/drugs, a weapon or intoxication. The problem is that a split decision to elude almost always results in an eluding charge which is a felony that can land you in prison for 3-5 years for a third degree and 5-10 years for a second degree if you are convicted at the Burlington County Superior Court in Mount Holly New Jersey. Selecting the right Burlington County eluding defense attorney to defend your N.J.S.A. 2C:29-2b offense is therefore extremely important.
We are the Law Offices of Jonathan F. Marshall, a powerhouse criminal firm with ten (10) attorneys who specialize in defense of eluding and other charges. Our accomplished lawyers have over 150 years of combined experience defending offenses arising in Evesham, Mount Laurel, Pemberton, Burlington, Palmya, Medford, Maple Shade and other local municipalities in Burlington County. You should also know that most of the staff are former prosecutors that have served in high level positions like Director of Major Crimes, the Trial Division, Homicide and Drug Task Force.
The team of skilled defense lawyers at our firm will attack the case against you and do what is necessary to avoid a conviction. To accomplish this objective, it may involve obtaining Pretrial Intervention, negotiating a downgraded plea, or even battling through a trial to insure that you are found not guilty. A lawyer is available in our Mt. Holly office to speak to you 24/7 about the specifics of your Burlington County eluding charge. Call (609) 491-2110 to speak to one of the lawyers at the firm in a free initial consultation.
Understanding an Eluding Offense in Burlington County
All eluding charges are indictable as either a third or second degree crime so they can only be heard at the Burlington County courthouse in Mount Holly. The offense is set forth at N.J.S.A. 2C:29-2(b) and is triggered when a motorist “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”. Eluding is graded as a third degree crime under this law except where the driver creates a risk of death or serious injury while attempting to flee or elude the police. You should know that 2C:29-9 creates an inference that this risk was created if the motorist violates any motor vehicle law (e.g. reckless driving, speeding, improper lane change, failure to observe a traffic safety device, etc.) during the course of eluding. Please note that the mere failure to stop does not enhance an offense to second degree eluding.
Penalties You Will Face In Mount Holly If Convicted Of Eluding
Since all 2C29-2(b) charges are felonies, they can only be handled at the Superior Court in Mount Holly NJ. If you are convicted for eluding, you face different penalties depending on whether the conviction is for third degree eluding or second degree eluding. The term of imprisonment is 5-10 years for a second degree as compared to up to 5 years for a third degree. The maximum fine is $150,000 for eluding in the second degree and $15,000 for eluding in the third degree. At the time of sentencing, you are also subject to a driver’s license suspension of between six (6) months and twenty-four (24) months.
Individuals convicted of second degree eluding are exposed to a presumption of incarceration. This means that there is a virtual certainty of imprisonment if you are found guilty of this grade of eluding. The presumption at sentencing is just the oppose for a third degree; that is to say, there is a presumption of non-incarceration. Another important consideration in this regard is that third degree eluding is eligible for Pretrial Intervention (“PTI”) whereas a second degree is not. These dynamics add further support for the importance of having a persuasive lawyer defending your Burlington County eluding case.
Evesham NJ Eluding Attorney
Eluding is one of those charges that can be jolting since an individual rarely appreciates the severity of the offense until they are deep into the throws of a case. Whether your failure to stop for police occurred in Bordentown, Florence, Evesham, Eastampton, Moorestown or another Burlington County municipality, you can see that the penalties are extremely harsh. It is therefore certainly essential that you retain an experienced eluding defense lawyer if you want to secure an acquittal and/or minimize your exposure. A skilled Evesham NJ eluding attorney in our office is prepared to conduct a comprehensive review of the facts surrounding your arrest and explore your options in a free consultation. To discuss how our lawyers can assist you, call (609) 491-2110 for immediate assistance. Attorneys are available around the clock to assist you.