Criminal Defense Lawyers

NJ Eluding Charges Lawyers

Fighting Eluding Charges in New Jersey: What You Need to Know

Getting charged with eluding the police in New Jersey is bad news. Let’s be real – eluding, also called fleeing or failure to stop, has some pretty harsh penalties like jail time, big fines, and license suspension. But just because you’ve been accused doesn’t automatically mean you’re guilty or headed to conviction city. This article will give you the lowdown on strategies for fighting eluding charges in NJ. With an experienced criminal defense attorney in your corner, you might just be able to get the charges reduced or even dismissed.

What Exactly is Eluding in New Jersey?

Under New Jersey law, eluding is when a driver intentionally refuses to stop their vehicle after getting a clear signal from law enforcement to pull over. This could look like:

• Ignoring the sirens or lights behind you
• Taking off when cops signal you to stop
• Trying to outrun the po-po in a pursuit

To be guilty of eluding in NJ, the prosecution has to prove you knew the cops wanted you to stop and you intentionally didn’t listen. Eluding is considered a 3rd or 4th degree crime depending on the situation.

Fighting Back Against Eluding Charges

Even if the accusations seem pretty damning, there are often good defenses in eluding cases. Here are some ways criminal defense lawyers work to fight the charges:

“I Didn’t Knowingly Ignore the Cops!”

One of the best defenses is that you honestly didn’t realize the police were signaling you to pull over. For instance, maybe you:

• Didn’t see the lights or hear the siren over the weather, traffic noise, etc.
• Thought the emergency vehicles were going after another car
• Pulled over as soon as you safely could once you noticed the cops

If you didn’t intentionally ignore them, you didn’t “knowingly elude” under the law.

“You Can’t Prove I Was the Driver”

Another strategy focuses on lack of ID. The cops often lose track of fleeing vehicles and assume the owner was driving. But unless officers directly identified you behind the wheel, the prosecution might not have enough proof you were actually driving.

“I Was Just Driving Safely!”

You may admit knowing the cops were after you but argue you didn’t immediately stop for safety reasons. Like if you were:

• In an unsafe spot to pull over
• Waiting until you got to a lighted area at night
• Pulling into a parking lot to get out of traffic

Protecting your own safety and the officers’ safety isn’t criminal eluding.

“The Cops Didn’t Have a Good Reason to Stop Me”

Another tactic is challenging why the cops targeted you in the first place. The prosecution has to show the officers had “reasonable suspicion” you were doing something illegal. If the cops didn’t have a solid reason to stop you, you weren’t required to comply. A good lawyer can argue the officers overstepped.

What About Mitigating Circumstances?

While not a full defense, your attorney can also bring up mitigating circumstances – aka things that help explain your actions. For example, you may have panicked and fled instinctively if:

• You had a suspended license
• You had drugs in the car
• There was a warrant out for your arrest

Your lawyer can argue you should face lower charges given the context.

Penalties if Convicted of Eluding in NJ

If efforts to fight or reduce the charges fail, eluding convictions in NJ lead to:

• 3rd degree crime – 3-5 years in prison
• 4th degree crime – Up to 18 months in jail
• Fines up to $15,000
• 2-year license suspension
• 5 years probation

Yikes! These harsh consequences show why mounting an aggressive defense is so important.

Finding the Right Eluding Lawyer in New Jersey

To maximize your chances of success, it’s critical to have an experienced criminal defense attorney if you’re facing eluding charges in NJ. Be sure to choose a lawyer who:

• Focuses specifically on criminal defense
• Has extensive experience with eluding and traffic charges
• Has a proven track record of positive outcomes
• Will thoroughly examine the evidence against you
• Is prepared to take your case to trial if needed

Don’t leave your future in the hands of just any lawyer – vet them closely.

Act Fast to Start Your Defense

If you’ve been charged with eluding police in New Jersey, it’s essential to act quickly and start working on your legal defense ASAP. The sooner you hire a lawyer and build your case, the better. A skilled attorney can request evidence from the prosecution, interview witnesses, visit the scene, subpoena police records, and poke holes in the state’s case against you. But building an effective defense takes time, so don’t delay in consulting a lawyer.

Consider Your Options Carefully

When facing criminal charges like eluding, it’s understandable to want it resolved quickly. But hasty choices could negatively impact your future. Be sure to carefully consider all options with your attorney before deciding how to proceed. This could include contesting at trial, plea bargaining, diversion programs, or asserting technical defenses.

Don’t Go It Alone – Hire a Lawyer

Eluding charges need to be taken seriously, as the penalties can majorly disrupt your life. Now is not the time for DIY legal defense. Partner with a knowledgeable attorney who will protect your rights, examine the evidence, and build the strongest possible case. Having expert counsel can make all the difference.If you or someone you love is facing eluding allegations in New Jersey, don’t wait to contact an attorney. An aggressive defense gives you the best shot at the best outcome. Don’t go down without a fight!