Contact Our Flemington Office To Speak To One Of Our Former County Prosecutors About Your Eluding Charge
An individual is likely to face a New Jersey eluding charge if they use a motor vehicle to avoid arrest. It is a particularly serious situation when this occurs since eluding carries years in the event of conviction at the Hunterdon County Superior Court in Flemington. If you have been charged with eluding in a local municipality like Clinton, Raritan Township, Readington or Flemington, it is therefore abundantly important for you to obtain representation from a skilled attorney. An accomplished litigator is capable of providing a thorough defense so there is every opportunity to escape a felony criminal record, incarceration and other pitfalls.
The attorneys at our firm are accomplished litigators with the skills to effectively defend you. Our criminal defense team is one of the largest in the state and features numerous former prosecutors, including those who have served as Director of Major Crimes, the entire Trial Bureau, Drug Task Force and in many other capacities. We put our 200 plus years of combined experience into action so that clients arrested for eluding can move on with their life with minimal impact. To speak to one of the lawyers at the Law Offices of Jonathan F. Marshall immediately, call us at 908-824-0855. Initial consultations with a lawyer are free so do not hesitate to contact us.
Eluding Offense in Hunterdon County
An individual commits eluding in violation of N.J.S.A. 2C:29-2b when he/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”. It is typically a third degree crime to elude the police. However, eluding is elevated to a second degree crime “if the flight or attempt to elude creates a risk of death or injury to any person.” This risk is presumed when a motorist violates a motor vehicle law, in other words, commits a traffic violation, during the course of eluding. This may involve speeding, illegal lane change, careless driving, reckless driving, failure to observe a traffic safety device or any other Title 39 violation.
Conduct Must Be Knowing. A prerequisite to violating the eluding statute is that the conduct is knowing. What this contemplates is that the motorist is aware that he/she has been summoned to stop and nevertheless consciously decides to flee in order to elude the police.
Penalties for Eluding. You may be sentenced to up to 5 years in prison and fined $15,000 for third degree eluding. A second degree eluding exposes a defendant to 5-10 years in prison and a fine that can reach $150,000. It is also significant to note that there is a presumption of imprisonment that applies at the time of sentencing for second degree eluding.
Pretrial Intervention. An individual can avoid a conviction for eluding in Union Township, Tewksbury, Lebanon or elsewhere in Hunterdon County by obtaining admission into the Pretrial Intervention (“PTI”) Program. There is typically one (1) year of probation that must be completed in order to fulfill PTI.
Lawyers at the Law Offices of Jonathan F. Marshall represent clients facing eluding charges in Hunterdon County, including Flemington, Raritan Township, Readington, Clinton, Union Township, East Amwell, Franklin Township, Bethlehem, Tewksbury, Lebanon, Alexandria, West Amwell, Hampton, Delaware Township, Holland, Lambertville, High Bridge, Glen Gardner, Frenchtown, Milford, Califon, Bloomsbury and Stockton.
Flemington NJ Eluding Defense Lawyer
Eluding charges have the potential for devastating ramifications, especially when they are of the second degree variety. You can be incarcerated for close to a decade, fined over $100,000 and be left with a felony criminal record. And even a conviction for a third degree crime for eluding the police in a municipality such as Bethlehem, Lambertville, Hampton or Holland is a felony that triggers years of imprisonment. Hiring a lawyer who has a track record of success in defending eluding charges is key to avoiding consequences such as these. The attorneys at our firm, the Law Offices of Jonathan F. Marshall, have the knowledge and skill to competently represent you so that the risks currently hanging in balance are averted. You can learn how our lawyers can help you by contacting our Flemington Office at 908-824-0855.
