Contact Our Camden New Jersey Office To Speak To An Accomplished Eluding Defense Lawyer Including One Of Our Former County Prosecutors
Our Camden County defense firm receives calls way too often from individuals who made a split second mistake and are now on the short end of an eluding charge at the Camden County Superior Court in Camden New Jersey. The truth is that it does not take much for a police officer to accuse someone of failing to immediately stop. It may be that this never happened, you did not see the police car or stopped once you noticed the officer’s lights.
Irrespective of what really happened in terms of the operation of your car, truck or motorcycle, you will be left with a felony criminal record and the penalties that come with an eluding conviction under N.J.S.A. 2C:29-2b unless your Camden NJ eluding defense attorney can present a potent defense. The need for a skilled lawyer is exceptionally important if you were arrested for second degree eluding in Bellmawr, Cherry Hill, Pennsauken, Voorhees, Haddon Township, Magnolia or other charges as serious as this.
Our firm, the Law Offices of Jonathan F. Marshall, can offer you unique qualifications to ensure that you have the best opportunity for success in defending your eluding offense. Our team includes former county prosecutors and 10 criminal lawyers with over 150 years of combined experience defending eluding charges in Camden County and other locations. To speak to one of our attorneys anytime 24/7, contact our Camden NJ Law Office. A lawyer will be happy to assist you in a free initial consultation.
Camden County Eluding Charge
N.J.S.A. 2C:29-2b is commonly referred to as the New Jersey Eluding Law. This statute exposes an individual to a third-degree or second-degree crime at the Camden County Superior Court if it is found that they knowingly flee or attempt to elude a police officer after receiving a signal to stop. Depending on the circumstances surrounding the encounter, the violation can result in a third-degree crime or escalate to a second-degree crime if certain aggravating circumstances exist. In order to prove an eluding charge, the prosecutor must establish three (3) elements. The first material element is that the person must be operating a motor vehicle, for example, a car, truck, or motorcycle. Second, the state must establish that the eluding took place on a “street or highway”. The third and final element that must be shown is that the defendant knowingly fled a police officer after having received any signal. At a minimum, this requires that the accused be given a signal to stop, knew that the signal was made, and disregarded the signal. When these elements can be established, a defendant may be convicted of third-degree eluding. This can result in 3-5 years in prison and a fine of up to$15,000. There is also a driver’s license suspension of 6-24 months.
A second degree eluding offense in Haddon Heights, Berlin, etc., must include all of the material elements previously set forth plus an additional requirement. This additional element is that during the flight or attempt to elude a law enforcement officer, the defendant creates a risk of death or physical injury. In the prosecution of a second degree eluding case, the prosecutor may rely upon three separate theories to sustain the State’s burden on the risk of death or physical injury element. First, the prosecutor may present evidence of actual bodily injury or death that was proximately caused by the defendant’s driving conduct during the flight. Secondly, in the absence of actual bodily injury or death, the State may present evidence that the defendant’s driving conduct during the flight or attempt to elude created the requisite risk of bodily injury or death. An exaggerated example would be the state producing evidence that, during the chase, pedestrians were forced to dive out of the way to avoid being struck by the defendant’s vehicle. The third method of proof available to the prosecutor is to use the permissive inference which is available under N.J.S.A. 2C:29-2(b). If the State can prove the defendant’s driving conduct during the flight involved a violation of any provision of chapter 4 of Title 39, the jury may draw an inference that the driving conduct created a risk of injury or death. Chapter 4 of Title 39 generally contains most of the moving traffic violations under New Jersey statutory law, such as DWI, reckless driving, careless driving, fleeing the scene of an accident, even obstructing traffic. As seen in State v. Wallace, 158 N.J. 552 (1999), the state does not care how minor the violation of Chapter 4 of Title 39 is, so as long as there is any violation, the jury may draw the inference that the driving created a risk of death or physical injury. Thus, second-degree eluding offenses can be quite common and carry with them the potential for between 5 and 10 years of imprisonment, up to $150,000 in fines and possible suspension of a drivers license between 6 months and 2 years. The No Release Release Act (“NERA”) applies in the case of second degree eluding. This sentencing provision mandates that someone serve at least 85% of their jail sentence before they may be considered for release on parole.
Voorhees NJ Eluding Lawyer
Eluding is one of those offenses that have the potential to be life changing yet far from involving any sinister intent. A momentary lapse in judgment is common in N.J.S.A. 2C:29-2(b) cases. The aftermath of this decision can be extremely risky to your liberty, finances and ability to drive. To ensure that you have the best protection possible, you need to take quick action to secure skilled representation from an eluding lawyer with a track record of success. The attorneys at our firm can provide highly qualified counsel from a team with considerable resources. We represent individuals charged with eluding throughout Camden County including Voorhees, Pennsauken, Camden, Gloucester Township and Cherry Hill. To discuss what our Camden eluding lawyers can do for you, contact us any time of day or night for a free initial consultation.
