Eluding

Mount Holly NJ Eluding Attorneys

Eluding is a fairly common criminal charge in Burlington County, even if most defendants are not familiar with the specific language of the law. Depending upon to nature of the offense and the degree of the charges, these types of cases could result in extended prison terms for defendants. Moreover, eluding charges are often part of a larger set of other criminal and traffic violations including things like Assault by Auto, Endangering the Welfare of a Child, Driving While Intoxicated (DWI), Reckless Driving, Speeding and Aggravated Assault. If you or a loved one were arrested and charged criminally with second degree eluding or third degree eluding, contact a Mount Holly Criminal Attorney today. As an indictable offense, your charged will be heard at the Burlington County Superior Court and could involve a motion from the Prosecutor for Pretrial Detention. Whatever the case, the attorneys at Proetta, Oliver & Fay are available to provide assistance.

Proetta, Oliver & Fay is a New Jersey Criminal Defense Law Firm. Firm partner, William C. Fay, Esq., is a former New Jersey Deputy Attorney General. He spent part of his career learning from the office of NJ’s top prosecutor and he is available to assist you in your pending criminal case today. Our office represents the accused throughout Burlington County, including in towns like Florence, Maple Shade, Evesham, Mount Laurel, Mount Holly, Pemberton, Southampton, Willingboro, Moorestown, Burlington Township, Bordentown and Palmyra. For an immediate consultation with Mr. Fay about your Eluding charges, please call (609) 850-8284. Do not hesitate to learn what we can offer you and your loved ones in these troubling times.

What is Eluding in NJ?

If you want to know what “eluding” means under New Jersey’s criminal laws, then look no further than N.J.S.A. 2C:29-2b. This statute controls the criminal offense known as eluding in NJ. Under N.J.S.A. 2C:29-2b, there are certain types of conduct that could give rise to charges for either Second Degree Eluding or Third Degree Eluding. The distinction between these two degrees of eluding is important because it can mean the difference between probation and ten years in a NJ State Prison. The charges are more thoroughly discussed below.

3rd Degree Eluding Bordentown NJ

Under N.J.S.A. 2C:29-2b, it is a third degree offense if the following five (5) facts occur: (1) the individual operated a motor vehicle on a street or highway, (2) a police or law enforcement officer signaled to bring the vehicle to pull over, (3) the individual was aware that the officer had signaled them pull over, (4) the individual was aware that person attempting to pull them over was in fact a police or law enforcement officer, AND (5) the individual knowingly fled or attempted to elude the officer. 

2nd Degree Eluding Mount Laurel NJ

Under N.J.S.A. 2C:29-2b, it is a second degree offense if the following six (6) facts occur: (1) the individual operated a motor vehicle on a street or highway, (2) a police or law enforcement officer signaled to bring the vehicle to pull over, (3) the individual was aware that the officer had signaled them pull over, (4) the individual was aware that person attempting to pull them over was in fact a police or law enforcement officer, (5) the individual knowingly fled or attempted to elude the officer, AND (6) the flight or attempt to elude created a risk of death or injury to any person.

Most people think that these cases are easy to beat because, so long as they didn’t make any statements, the police cannot prove certain elements. This is not true. The New Jersey Legislature purposely wrote two permissive inferences into the statute that allows a judges and jury to make a assume certain things. First, there is an inference that flight from the police alone creates a risk of injury or death (this would elevate a third degree offense to a second degree offense) where the driver commits any traffic offense under Chapter 4 Title 39 (this includes Speeding, Reckless Driving and Careless Driving). Second, there is an inference that the registered owner of a vehicle is the driver during the crime. Therefore, even if you are able to evade police, they may come to your house and arrest you based on you being the license plate owner. These inferences are crucial factors in any eluding case.

What are the Penalties for Eluding in Burlington County?

The penalties for Eluding charges in New Jersey will vary depending upon whether is a second degree or third degree offense. If you are charged and convicted of Second Degree Eluding then you are subject to a term of incarceration of ten (10) years in State Prison, a $150,000 fine, driver’s license suspension up to two (2) years and a criminal record. Alternatively, if you are convicted of Third Degree Eluding then you are subject to a term of incarceration up to five (5) years in State Prison, a $15,000 fine, driver’s license suspension up to two (2) years and a criminal record. Depending upon the nature of your charges and your criminal history, you could also be eligible for a diversionary program like Pretrial Intervention which could help you avoid incarceration and a criminal record altogether. 

Eluding Lawyers in Evesham NJ

Proetta, Oliver & Fay defends the individuals throughout New Jersey who have been arrested and charged with criminal offenses. An example of the types of cases we handle include Sexual Assault, Assault by Auto, Distribution of Prescription Drugs, Heroin Possession, Simple Assault, Driving While Intoxicated and terroristic threats. Whether you were just arrested and released or you have been detained pending a formal detention hearing, contact our offices immediately. We will discuss your options and what possible outcomes are available to you in your case. Having spent our careers handling criminal cases at all levels, our firm is well-prepared to step-in on your behalf and take up your fight. For your consultation with an attorney, please call our offices today at (609) 850-8284. We can be reached 24/7 for your convenience.