Eluding cases can happen for a variety of different reasons but one of the most common eluding cases that we deal with at Proetta & Oliver stems from would have been just a DWI arrest. We see all to often what starts out as just a routine traffic stop turn into a nightmare because the Defendant panics. When that occurs, whether it be because they had something illegal in the car or were under the influences, things go from bad to worse in a heartbeat. The Ocean County Prosecutor’s office takes eluding charges very seriously because by their very nature, they tend to put the public at great risk. As such, based on the bail reform, the prosecution now has the ability to seek to detain a Defendant charged with eluding in the Ocean County Jail, without bail, pending trial. In order to do so though, a Detention Hearing must take place. During this hearing it will be prosecutions burden to establish by clear and convincing evidence that in order to protect the public’s safety, assure the Defendant’s appearance in court or prevent them from obstructing the prosecution of their cases, they must be detained. These hearings can be contested, if you would like to speak to one of our Toms River eluding defense lawyers about your options, then please contact us at 848-238-2100.
How The Eluding Attorneys At Proetta & Oliver Can Help
If you have been arrested and charged with eluding in Ocean County, in towns like Brick, Toms River, Lakewood, Lacey, Point Pleasant, Jackson, Stafford or Berkeley, the Law Offices of Proetta & Oliver can help. Our office not only defends clients charged with eluding but driving while intoxicated, resisting arrest, aggravated assault, assault by auto, endangering the welfare of a child, obstruction and hindering. At Proetta & Oliver we are dedicated to aggressively challenging the evidence presented against our clients. We are very cognizant of what a felony conviction for eluding let alone a lengthy prison sentence can do to someones life. Unlike what tends to happen at larger firms, at Proetta & Oliver, we take a very hands on approach with our clients, regardless of the case. At our firm, your file will be assigned to one of the partners and will not be juggled between a bunch of associates who are simply “free to cover the case that day”. If you would like to come into our Point Pleasant office and discuss your options with one of our attorneys then please contact us at 848-238-2100.
Is Eluding a Police Officer a Felony?
The crime of eluding the police is rather straight forward, it basically seeks to prosecute anyone who attempts to outrun the police in their vehicle. With that being said, it tends to be a very difficult case to prosecute at times because as you will see below, the prosecution must prove that the Defendant was aware that the police were actively attempting to pull them over. Pursuant to NJSA 2C:29-2b, eluding can either be a second or third degree felony offense. The difference between the two could be the difference between receiving a ten year state prison sentence and a probationary sentence. Here is what the prosecution must establish before a Defendant can be convicted of eluding in New Jersey.
Eluding Police in the 3rd Degree
That the Defendant was operating a motor vehicle on a street or highway in and/ or a vessel on the waters;
That a law enforcement officer had signaled the Defendant’s vehicle [vessel] to pull over;
That the Defendant was aware that the officer had signaled them to pull over; &
That the Defendant knowingly fled the area or attempted to elude the officer.
Eluding Police in the 2nd Degree:
In order to be convicted of a second degree eluding, the prosecution must prove one additional element:
That the flight or attempt to elude created a risk of death or injury to any person.
In other words, the prosecution must prove that at least one person was put at risk by the Defendant’s conduct. It is important to note there that the “one person” could and often does include the Defendant and the pursuing officer. It is important to note here, that just because the eluding did not last long or the fact that the Defendant eventually safely pulled over to the side of the road will not be an affirmative defense to an eluding charge. If you have been accused of eluding the police in Ocean County and you would like to discuss your options, then please contact us at 848-238-2100.
What is the Jail Time & Penalties for an Eluding Charge in NJ?
Anyone convicted of a third degree crime in New Jersey will be facing three to five years in prison, a $15,000 fine, a felony criminal record and under this statute, a mandatory six month loss of license. If the Defendant does not have a prior criminal history, the presumption of non-imprisonment would apply. However, that presumption only applies to state prison and not county jail time.
Anyone convicted of a second degree felony offense in New Jersey will be facing five to ten years in prison, a $150,000 fine, a felony criminal record and under this statute, a mandatory six month loss of license. Regardless of the Defendant’s prior criminal history, the presumption of imprisonment applies. Which means, if convicted, the Defendant will be going to state prison.
Contact A Brick NJ Eluding Lawyer Today
If you have been arrested for eluding, burglary, theft of moveable property, the possession of heroin or the unlawful possession of a weapon in Ocean County, the Law Offices of Proetta & Oliver can help. As you can see from above, the offense of eluding is not something to take lightly. The penalties if convicted can be life changing. If you would like to speak to one of the Ocean County criminal defense attorneys on staff at Proetta & Oliver about your options, then please contact us at 848-238-2100. We serve all of Ocean County, including Toms River, South Toms River, Brick Township, Lakehurst, Forked River, Tuckerton and Ocean.
Our phones are answered 24 hours a day. We are available weekdays during business hours. We also meet with clients on evenings and weekends by request. All major credit cards are accepted.