Monmouth County NJ Eluding Lawyers
The offense of eluding in New Jersey is a rather serious crime, one that if not handled properly could land a Defendant behind bars for an extended period of time. As you will see below, eluding is a either a second or third degree felony depending on the facts of the case. Since it is a felony offense, the charges will have to be heard in the Monmouth County courthouse, which is located in Freehold New Jersey. If you have been arrested and charged with eluding, aggravated assault, assault by auto, driving while intoxicated, resisting arrest or any other criminal charge in Monmouth County, the Law Offices of Preotta & Oliver can help. Our attorneys routinely appears in Courts throughout Monmouth County, including towns like Asbury Park, Wall Township, Middletown, Tinton Falls, Howell, Hazlet, Matawan, Aberdeen, Long Branch and Freehold. Mr. Oliver, one of the firms founding partners has extensive experience representing clients charged with eluding in courts throughout New Jersey, including the Monmouth County Superior Court. Both founding partners have dedicated their entire careers to defending those accused of crimes in courts throughout New Jersey. If you would like to come into our office to discuss your options, then please contact us directly at (732)858-6959. Our office is located at 18 Kings Highway in Middletown, directly across the street from the Middletown Municipal Court. Our initial consultations are always free and we are available 24/7 to help assist in any way possible. Now here is some key information on the offense of eluding, including the difference between a second and third felony and potential penalties of convicted.
Eluding Charges in NJ: N.J.S.A. 2C:29-2b
N.J.S.A. 2C:29-2b governs the offense of eluding in New Jersey. As you will see below, the legislatures decided to create two different levels for the offense. The difference between the two could be the difference between a potential probationary sentence, maybe even Pretrial Intervention and a ten (10) year New Jersey State Prison Sentence.
3rd Degree Eluding Charges in Wall NJ
To be convicted of eluding in the third degree, the State must prove beyond a reasonable doubt five material elements. They are as follows:
- The Defendant operated a motor vehicle on a street or highway;
- That a police or law enforcement officer signaled to bring the vehicle to pull over;
- That the Defendant was aware that the officer had signaled them pull over;
- That the Defendant was aware that person attempting to pull them over was in fact a police or law enforcement officer; &
- That the Defendant knowingly fled or attempted to elude the officer.
2nd Degree Eluding Charges in Holmdel NJ
In order to be convicted of eluding in the second degree, the State must prove beyond a reasonable doubt one additional element, which is that:
- The flight or attempt to elude created a risk of death or injury to any person.
The term “injury” is extremely broad. The courts have defined Injury as, “physical pain, illness, or any impairment of physical condition”. In essence, the State must prove that an individual was put at risk by the Defendant’s conduct. That includes, the police officer(s) involved in the “chase”.
To make matters worse, the legislature created a rebuttable but permissive inference within the statute. In essence, a permissive inference may be drawn that the flight or attempt to elude created a risk of death or injury (additional 6th element from above) to any person if the person’s conduct involves a violation of Chapter 4 of Title 39. Chapter 4 of Title 39 is the main motor vehicle violation code in New Jersey. To simplify it, if a Defendant is alleged to have been speeding during the “eluding” there is allowed to be a permissive inference that the offense is second degree and not a third degree.
What is the Sentence for an Eluding Charge in NJ
A second degree eluding is punishable by up to ten (10) years in a New Jersey State Prison, a fine up to $150,000, a license loss anywhere from six months to two years and a felony criminal record as well. Conversely, a third degree eluding is punishable by up to five (5) years in a New Jersey State Prison, a fine up to $15,000, a license loss anywhere from six months to two years and a felony criminal record as well. With that being said, depending on the facts of the case and the degree of the offense charged, a Defendant may be eligible for a diversionary program known as Pretrial Intervention. If accepted and the program is successfully completed, the Defendant will walk away from these otherwise life changing charges without a criminal record let alone spending a day in jail.
Common Criminal Charges Associated with Eluding in NJ?
Eluding is a very serious charge in its own right. Unfortunately, when it comes to eluding allegations very rarely do we see this offense be charged by itself. Most individual’s charged with eluding police also find themselves facing other serious felony offenses as well. Normally we see really two different types of charges, one’s that directly involve the offense, like assault by auto, hindering apprehension, driving while intoxicated or obstruction of justice and others that are directly related to why the eluding took place in the first place like possession of CDS, unlawful possession of a handgun, endangering the welfare of a child and driving while intoxicated. Regardless of what the ancillary charges are for, it goes without saying that these additional charges make a bad situation far worse.
How Serious is Eluding Charge in Monmouth County? Can I get Bail?
As you can see from above, eluding allegations are not something to take lightly or underestimate. More often than not, when an individual is charged with Eluding police in Monmouth County they will see their charges being issued on a Complaint-Warrant. That will required that the individual be taken to the Monmouth County Jail for at least 24-48 hours so that Pretrial Services can conduct their risk assessment prior to their Central Judicial Processing Hearing (CJP). Depending on that risk assessment and the facts of the case, the Monmouth County Prosecutor’s Office could seek to file for detention. If that happens, that means that they are trying to detain the individual in the Monmouth County Jail without bail, pending trial. In order for that to occur the Judge must conduct a full hearing, which should be aggressively contested. For more information on detention hearings in Freehold, please click the link.
Eluding Lawyers in Middletown NJ
The Law Offices of Proetta & Oliver defends clients accused of not only eluding but assault by auto, the possession of heroin, simple assault, terroristic threats and driving under the influence offenses in courts throughout Monmouth County. If you or a loved one has been charged with eluding or any other criminal offense in Monmouth County, it is imperative that you seek the assistance of an experienced criminal defense attorney as soon as possible. It could be the difference between being exonerated and spending years behind bars. At Proetta & Oliver we are well aware of what a felony conviction can to do someone’s life let alone a lengthy jail sentence. To schedule a free initial consultation today, please contact us at (732)858-6959. We are available 24/7 to help assist in any way possible as we understand this can be an extremely nerve racking time.