Camden County NJ Eluding a Police Officer Lawyer
Defense Attorney with Offices in Collingswood, New Jersey
Eluding a police officer charges do not always arise the way people think with a squad of police cars chasing down a vehicle at high speeds. Many times, a person eludes the police by accident if they do not realize the sirens have gone off or they do not stop based on fear or confusion. However, even though it might seem like an innocent mistake, the penalties for this crime, including time in prison, are quite heavy. If you have been charged with eluding a police officer, you will need a talented and experienced criminal defense attorney to help you get the most desirable outcome in your case.
The criminal defense team at the Law Offices of Leonard Biddison have had tremendous success handling countless traffic violations such as speeding, driving with a suspended license, and reckless driving for years in Camden County including Barrington, Pennsauken, Cherry Hill, and Winslow Township. We understand the details of this area of the law and will work to get your eluding a police officer charge downgraded or dismissed altogether. If you have been given a speeding ticket, having an attorney who knows how to get the best result in your case is imperative. Call the Law Offices of Leonard Biddison at 877-450-8301 anytime for a free initial consultation.
Eluding a Police Officer in New Jersey
The law for eluding a police officer is explained under N.J.S.A. 2C:29-2 which provides:
b. Any person, while operating a motor vehicle on any street or highway in this State or any vessel, as defined pursuant to section 2 of P.L.1995, c . 401 (C.12:7-71), on the waters of this State, who 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 commits a crime of the third degree; except that, a person is guilty of a crime of the second degree if the flight or attempt to elude creates a risk of death or injury to any person. For purposes of this subsection, there shall be a permissive inference that the flight or attempt to elude creates a risk of death or injury to any person if the person’s conduct involves a violation of chapter 4 of Title 39 or chapter 7 of Title 12 of the Revised Statutes. In addition to the penalty prescribed under this subsection or any other section of law, the court shall order the suspension of that person’s driver’s license, or privilege to operate a vessel, whichever is appropriate, for a period of not less than six months or more than two years.
Note: One of the elements that must be proved by the prosecution is that the person acted knowingly. This is the hardest part of the case for them to prove since state of mind is something that must be inferred from the surrounding circumstances. If there is reasonable doubt in your case as to whether you acted knowingly, you cannot be found guilty.
Penalties for Eluding a Police Officer in New Jersey
Penalties for eluding a police officer depend on what degree you are charged with.
Third Degree – Eluding a police officer is typically a third degree crime which can result in a prison sentence of 3 to 5 years in State Prison. However, if you have no prior record, third degree offenses carry a presumption of non-incarceration meaning you are likely to avoid jail time and receive a probationary sentence such as the Pre-Trial Intervention Program instead. After this program is completed, the charges will be dismissed.
Second Degree – Eluding a police officer can be upgraded to second degree if the eluding creates a risk of death or injury to another person. This is interpreted very broadly by prosecutors giving them a good deal of latitude in deciding what degree to charge the defendant with. The important difference between second and third degree is that second degree carries a presumption of incarceration meaning a conviction is likely to result in 5 to 10 years in New Jersey State .
Contact a Cherry Hill NJ Eluding Lawyer to Discuss Your Case
The criminal defense attorneys at the Law Offices of Leonard Biddison are always available to speak with you about your case and begin to formulate an aggressive strategy to defend you against an eluding a police officer charge. Our criminal defense team understands the details of traffic violations in New Jersey and we will use this knowledge to help you best defend against these charges. Call us today at 877-450-8301 for a free initial consultation about your case.