Eluding Charge Attorney Elizabeth, NJ

Eluding Charge Attorney Elizabeth, NJ

In the realm of traffic offenses, few charges carry the same gravity and potential consequences as eluding a police officer in Elizabeth, New Jersey. An eluding charge carries years behind bars, hefty fines, and a criminal record. You can also be charged with resisting arrest, reckless driving, and other charges depending on the facts of your case. If you’re facing such charges in Elizabeth, NJ, it’s imperative to understand the complexities of the law, the severe penalties you may face, and the robust defense strategies available to protect your rights and freedom.

Don’t Let an Eluding Charge Derail Your Life: Understanding the Law and Protecting Your Freedom

At Brett M. Rosen, Esq., we recognize the seriousness of eluding charges and their potential to disrupt your life. We’re committed to providing you with aggressive and compassionate legal representation to combat these charges and achieve the best possible outcome for your case. Contact us today at 908-312-0368 or email us at brett@nynjcriminalcivilesq.com for a free consultation. 

Eluding in New Jersey: Decoding the Law (N.J.S.A. 2C:29-2b)

New Jersey law, specifically N.J.S.A. 2C:29-2b, defines eluding as knowingly fleeing or attempting to elude any police or law enforcement officer after having received any signal from such officer to bring the vehicle to a stop.  

• Key Segments:
  
  • Operation of a motor vehicle: You must have been operating a motor vehicle at the time of the alleged offense.
  • Knowledge of police signal: You must have been aware that a police officer signaled you to stop.
  • Flight or Attempt to Elude: You must have knowingly fled or attempted to elude the officer.

According to the New Jersey Model Jury Charge, it is the prosecutor’s burden to prove each of the following elements beyond a reasonable doubt: 

1. That [Defendant’s Name] was operating a motor vehicle on a street or highway in [or a
   vessel on the waters of this of] this state.
2. That [Officer’s Name] was a police or law enforcement officer.
3. That [Officer’s Name] signaled [Defendant’s Name] to bring the vehicle [OR: vessel] to a full
   stop.
4. That [Defendant’s Name] knew that the officer had signaled him/her to bring the vehicle
   [OR: vessel] to a full stop.
5. That [Defendant’s Name] knew that [Officer’s Name] was a police or law enforcement officer.
6. That defendant knowingly fled or attempted to elude the officer.

Remember, if the jury finds that the prosecutor did not prove just one element above beyond a reasonable doubt, then the defendant must be found not guilty of eluding. 

Severity and Penalties for Eluding in Elizabeth, NJ

The severity of an eluding charge and the corresponding penalties depend on the specific circumstances of your case.

• Third-Degree Crime: Eluding is generally a third-degree crime, punishable by:

  • Imprisonment: Up to 5 years in state prison
  • Fines: Up to $15,000
  • License Suspension: Mandatory license suspension for at least six months and up to two years

• Second-Degree Crime: If your attempt to elude creates a risk of death or injury to any person, the charge is elevated to a second-degree crime, carrying harsher penalties:

  • Imprisonment: 5 to 10 years in state prison
  • Fines: Up to $150,000
  • License Suspension: Mandatory license suspension for at least six months and up to two years
  • No Early Release Act (NERA): You must serve at least 85% of your prison sentence before becoming eligible for parole.

Beyond Jail and Fines: Additional Consequences

Beyond the immediate penalties, an eluding conviction can have a ripple effect on various aspects of your life:

• Criminal Record: A conviction for eluding creates a lasting criminal record that can impact your employment, housing, and educational opportunities.
• Difficulty Finding Employment: Many employers conduct background checks, and a conviction for eluding, especially a second-degree conviction, can significantly limit your job prospects.
• Damage to Your Reputation: An eluding conviction can tarnish your reputation and negatively impact your relationships with family, friends, and community members.
• Immigration Consequences: If you’re not a U.S. citizen, an eluding conviction can lead to deportation or other adverse immigration consequences.

Potential Defenses Against Eluding Charges

Every eluding case is different, and the defense strategies employed will depend on the specific circumstances and evidence involved. Some common defenses include:

• Lack of Knowledge: If you were unaware that a police officer was signaling you to stop, this could be a defense. This might involve arguing that the officer’s signals were unclear, obstructed, or that you were unable to hear or see them due to traffic conditions or other factors.
• No Attempt to Elude: If you can demonstrate that you didn’t intentionally flee or attempt to elude the officer, but instead pulled over as soon as it was safe to do so or were unaware of the pursuit, this could weaken the prosecution’s case.
• Necessity: If you left the scene due to an emergency or to seek medical attention for yourself or others, this might be a valid defense. However, it’s important to have evidence to support this claim.
• Insufficient Evidence: If the prosecution lacks sufficient evidence to prove that you were the driver of the vehicle or that you knowingly fled or attempted to elude the officer, we can challenge the charges.
• Challenging the “Risk of Injury” Element (for 2nd Degree): If you are charged with second-degree eluding, the prosecution must prove that your actions created a risk of death or injury to another person. We can challenge this element by demonstrating that your driving, while evasive, did not pose a significant risk to others.

Frequently Asked Questions About Eluding Charges in Elizabeth, NJ

1. What should I do if I’m pulled over by the police and they suspect me of eluding in Elizabeth, NJ?

• Remain calm and polite. Provide your license, registration, and insurance information when requested. However, you have the right to remain silent and should avoid answering any questions about the alleged eluding incident. Politely request to speak with an attorney.  

2. Can I be charged with eluding even if I eventually stopped my vehicle?

• Yes, even if you eventually stop, you can still be charged with eluding if you initially failed to stop after receiving a clear signal from a police officer. The key is whether you knowingly attempted to flee or elude the officer.

3. What if I didn’t realize the police officer was trying to stop me?

• This could be a potential defense if you can demonstrate that the officer’s signals were unclear, obstructed, or that you were genuinely unaware of the police presence.

4. Can I be charged with eluding if I was driving with a suspended license?

• Yes, driving with a suspended license is a separate offense, but it doesn’t preclude you from also being charged with eluding if you attempt to flee from the police.

5. What are the potential consequences of an eluding conviction on my driver’s license?

• A conviction for eluding will result in a mandatory license suspension, ranging from six months to two years, depending on the degree of the offense and any prior convictions.

Additional FAQs:

Why You Need an Eluding Defense Attorney in Elizabeth, NJ

Facing eluding charges is a serious matter that necessitates experienced legal representation. Having a skilled attorney by your side can significantly impact the outcome of your case. An attorney can:

• Protect your rights throughout the legal process: Ensure that your constitutional rights are protected at every stage, from the initial traffic stop to any potential trial.
• Thoroughly investigate the charges against you: Examine the evidence, including police reports, dashcam footage, and witness statements, to identify any weaknesses in the prosecution’s case.
• Negotiate with the prosecutor: Seek a reduction or dismissal of charges, or explore alternative resolutions such as Pre-Trial Intervention (PTI) or a conditional discharge program.
• Provide zealous representation in court: If your case goes to trial, present a strong defense, challenge the evidence, and advocate for your rights.
• Minimize the consequences of a conviction: Work to reduce any penalties, including jail time, fines, and license suspension.

Why Choose Brett M. Rosen, Esq., as Your Elizabeth Eluding Attorney

• Extensive Experience in Traffic & Criminal Defense: We have a proven track record of success in defending clients against eluding charges and other traffic and criminal offenses in Elizabeth and throughout Union County.
• In-Depth Knowledge of Local Laws and Procedures: We are intimately familiar with the local courts, judges, and prosecutors in Elizabeth, ensuring that your case is handled strategically and effectively.
• Personalized Attention & Aggressive Advocacy: We recognize that every eluding case is unique. We provide personalized attention to each client, tailoring our defense strategies to your specific circumstances and fighting relentlessly to protect your rights and driving privileges.
• Commitment to Protecting Your Rights and Future: We are dedicated to fighting for your rights and minimizing the impact of an eluding charge on your life. We’ll work tirelessly to achieve the best possible outcome for your case.

Don’t Face an Eluding Charge in Elizabeth, NJ Alone! Contact Attorney Rosen Today

Facing eluding charges in Elizabeth, NJ can be overwhelming and carry serious consequences. If you or a loved one is facing these charges, don’t navigate the legal system alone. Contact Brett M. Rosen, Esq., today for a free and confidential consultation. We will review your case, explain your rights, and fight tirelessly to protect your freedom and driving privileges.