Contact Our Somerville NJ Office To Speak To One Of Our Former Prosecutors & Skilled Attorneys About Your Somerset County Eluding Charge
Eluding a police officer in Somerset County or any other location in New Jersey is a serious offense. An individual is exposed to a felony charge irrespective of the grade of eluding involved. What this means is that you face the possibility of being sent to state prison if it is found that you eluded law enforcement in Somerville or elsewhere in Somerset County. The point is that this is a much more severe violation than a disorderly persons offense like resisting arrest or obstructing the administration of law. This certainly should be a clear signal to you that you absolutely need an attorney if you were arrested and/or charged with violating N.J.S.A. 2C:29-2(b). This is especially true if you are facing a second degree crime for eluding at the Somerset County Superior Court in Somerville since a conviction results in 5-10 years in prison.
Thankfully, you have landed in the right place if you are searching for a Somerville eluding defense lawyer to defend you. Our team of criminal attorneys and former prosecutors are seasoned advocates with over two centuries of combined experience. We not only have over 200 years of combined experience defending eluding charges throughout Somerset County but also possess lawyers on our staff that have served at the highest levels of the prosecutors office, including Director of Major Crimes and as Director of the entire trial team. A lawyer on our staff is available 24/7 to discuss the facts of your case and to plot a course of action that will insure your protection against a conviction for eluding in North Plainfield, Franklin Township or another municipality in this region. An attorney is available now in our Somerville New Jersey Law Office at (908) 206-4238.
Charged With Eluding: What You Need To Know
A motorist eludes police under N.J.S.A. 2C:29-2(b) when he or she ” 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 commits a crime of the third degree.” This violation is a third degree crime but is enhanced to a second degree crime if “the flight or attempt to elude creates a risk of death or injury to any person.” Risk to property does not result in an escalation in the degree of eluding. Conversely, an inference that second degree eluding has occurred exists where the manner of operation by the accused gave rise to a violation(s) of Title 39 (e.g. speeding, unsafe lane change, reckless driving, etc.). N.J.S.A. 2C:29-9(b) also creates a rebuttable presumption that the owner of the car or truck was its operator of the vehicle at the time of the violation.
There are four (4) core elements that must be established beyond reasonable doubt by the Somerset County Prosecutor’s Office in order to prove the offense of eluding. The accused must have:
- Operated a motor vehicle;
- That was signaled to stop by a police officer;
- He/she knew that there was instruction or signal to stop; and
- Knowingly fled or attempt to elude the police.
As previously stated, eluding is always an indictable crime. As such, it can only be dealt with at the Superior Court in Somerville. An indictment for third degree eluding exposes an individual to up to 5 years in prison, a $15,000 fine and a driver’s license suspension of between six and twenty-four months. Second degree eluding carries a potential fine of $150,000, five to ten years in prison and the same range of license revocation. In addition to the obviously distinction of the penalties that apply to the two grades of this charge, a third degree crime for eluding is eligible for Pretrial Intervention whereas second degree is not.
Franklin NJ Eluding Attorney
You are obviously exposed to significant consequences if you elude the police and are found guilty. This is good reason for you to take the offense seriously whether you have already been indicted or not. The lawyers at The Law Offices of Jonathan F. Marshall have decades of experience handling all types of criminal matters, including eluding. The members of our defense team have also learned how this process works from the vantage of law enforcement as prosecutors. This perspective provides us with a resource that every attorney does not enjoy. Minimally, we know where the commons wholes are in a cases like yours (e.g. you never saw the signal, no one was present on the roadway, etc.) and the most opportune avenues of attack. We provide our services throughout Somerset County, including Bridgewater, Watchung, Hillsborough, Bernards and Bound Brook. Contact our Somerville Office online or call (908) 206-4238 for an immediate consultation.