Eluding Charges in New Jersey

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Eluding Charges in New Jersey

Eluding is a dangerous crime. If you are charged with Eluding in New Jersey, the first thing you should do is hire a New Jersey Criminal Defense Lawyer. We know how to protect your rights.

Maybe you drove through a red light without realizing it. Next thing you know, you have a police car flashing its lights. You panic and drive off.

When a police car is chasing you with sirens and flashing lights, it’s easy to get scared. You are not a criminal but you are being charged with the crime of Eluding.

Why resign yourself to having a criminal conviction? A criminal conviction will follow you around for years. As Eluding Defense Lawyers in New Jersey, we known how to defend your rights. We make it our mission to get the you the best possible results.

The New Jersey criminal court system is complicated. Click here to learn more about New Jersey’s Criminal Process.

It is not easy fighting Eluding charges & this is why you need competent Eluding Defense Lawyers. We have fought many Eluding cases and have either won the case or got the charges reduced. To win an Eluding charge, the government needs to prove that you were aware that an officer signaled you to stop and that you “knowingly” fled or tried to flee.

Frequently a criminal complaint for Eluding will also include charges for Resisting Arrest & Obstruction of Justice. In almost every case, the officer will issue several traffic tickets. In many cases, a charge for Eluding will accompany Drug Charges, or other criminal charges.

If you receive a complaint for Eluding, call us. We are experienced in dealing with the police and the prosecutor’s office. We know how to represent you. Take advantage of our Free Consultation.

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Common Example

Driving in New Jersey can be hazardous. New Jersey is known for its crowded roads, countless intersections, and confusing signs. Sometimes you are so focused on the road that you do not realize that a police car is following you.

You honestly never saw the police officer signal you to stop. After some time passes, you pull over are expecting a traffic ticket. Next thing you know, you get a criminal complaint for Eluding simply because the officer believes that you did not pull over soon enough. Did you try to get away because you had Drugs in your car?

Or maybe you did know that there was an officer signaling for them to stop, but you had a suspended driver’s license and tried to get away. A bad decision quickly turns into a criminal charge.

Whether the alleged Eluding was accidental, or intentional, it is our job to defend you.

NJ's Law regarding Eluding?

According to New Jersey Law, Eluding means a person driving a vehicle receives a signal to come to a complete stop and does not stop. The important part of the charge is that the person “knowingly” fled or attempted to flee.

Eluding is a crime of the third degree.

It is a crime of the second degree under the following circumstances:

  • If someone dies or is injured by the Eluding.
  • If the Eluding created the risk of bodily injury or death to a person.

Sometimes a reckless driving ticket, or a Driving While Intoxicated ticket (DWI) is issued to the driver, in addition to an Eluding charge. The prosecutor may say that the ticket proves that the driver created a risk of bodily injury or death. Then the Eluding charge becomes a second degree crime.

Click here to learn more about How Crimes Are Graded in New Jersey.

Penalties for Eluding Under New Jersey Criminal Laws?

An Eluding charge as a third-degree crime is an indictable offense. The possible state prison term is from 3 to 5 years. There is also a mandatory driver’s license suspension of 6 months to 2 years. 

The good thing is that third-degree crimes have what is known as a presumption of non-incarceration. This means that, if convicted, and depending on your criminal record, the judge will consider other punishments first, such as probation, before prison time. 

Another benefit is that if you do not have a criminal record, you may be a candidate for Pretrial Intervention (PTI). With PTI, while you will be on probation for a period of time, if you successfully compete the probation, the charges will be dismissed.

Second Degree Eluding Charges & Penalties

A second degree Eluding charge is more serious. The possible state prison term is from 5 to 10 years. There is also a mandatory driver’s license suspension of 6 months to 2 years.

Unlike Third-degree crimes, a Second-degree charge has a presumption of incarceration. The prosecutor will usually ask for prison if the defendant is convicted.

Do you really need an Eluding Lawyer?

If you want to “just get it over with” you will be making a big mistake by pleading guilty. The record of this conviction may stay on your record for 5 years or more depending on the facts of your case.

Why play around with your future, and possible your freedom?

Free Case Evaluation on Eluding Offenses

We are here to help people. We will answer all your questions and prepare a strategy for your case. You have nothing lose…it’s free.

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