NJ Failure to Stop Lawyers

NJ Failure to Stop Lawyers

Getting pulled over and ticketed by police is never a pleasant experience. But in New Jersey, a failure to stop or fleeing charge takes it to a whole new level. This serious motor vehicle offense can lead to massive fines, license suspension, and even jail time in some cases.

New Jersey laws against eluding police are no joke. Even a first offense is a fourth-degree crime with penalties of up to 18 months in prison and a $10,000 fine. And it gets much worse if anyone is injured during the incident.

So if you’ve been accused of failing to stop for police in NJ, it’s critical to speak with an experienced criminal defense attorney right away. An aggressive lawyer can thoroughly analyze your case and build strategic defenses to avoid conviction.

What Constitutes Failing to Stop in New Jersey?

Under NJ statute 2C:29-2, you can be charged with failure to stop if you:

• Knowingly flee or attempt to elude police after receiving a clear signal to stop, AND
• You drive your vehicle in a way that interferes with or endangers the officer or the public.

The “signal to stop” could be emergency lights, a siren, a police command, or even just a hand signal. Any indication to pull over that you knowingly ignore can lead to charges if you drive recklessly as a result.

Injury to others during the incident leads to even more serious offenses like third-degree eluding with up to 5 years in prison. And a chase resulting in death brings first-degree charges and 10-30 years behind bars.

What Are Common Defenses for Failure to Stop?

While the penalties for eluding police are severe, experienced criminal lawyers know how to aggressively fight these allegations using common defenses like:

• You didn’t actually flee police
• You were unaware of signals to stop
• No proof of reckless driving during incident
• Misidentification (police stopped wrong vehicle)
• Duress or necessity forced you to keep driving

A skilled attorney will meticulously examine the evidence and testimony to identify inconsistencies, contradictions, lack of proof, credibility issues, and violations of process and procedure.

Getting charges reduced or dismissed entirely is very possible with an aggressive legal strategy tailored to the specifics of your case.

Should I Hire an Attorney for Failure to Stop Charges?

Absolutely. Eluding police is a very serious criminal offense in New Jersey, so you need experienced legal counsel on your side. A conviction can derail your life with huge fines, license suspension, and possible jail time.

An attorney knows how to navigate the complexities of the criminal justice system to protect your rights. They will ensure police and prosecutors follow proper procedures, while working to get charges reduced or dropped through strong defenses.

Don’t take chances with your future. The costs of skilled legal representation are well worth it.

What Are the Penalties for Fleeing Police in NJ?

As mentioned earlier, even a first offense for failure to stop is a fourth-degree felony in New Jersey. Penalties include:

• Up to 18 months in jail
• $10,000 fine
• Driver’s license suspension of 1-2 years
• 5 years of probation

Subsequent offenses within a 5 year period bump up to third-degree charges. And if anyone is injured or killed during the incident, penalties become much more severe, including many years in state prison.

In addition, a failure to stop conviction leads to 7 motor vehicle points on your license. Accumulating 12+ points triggers an automatic license suspension.

How Can a Lawyer Help Me Fight Failure to Stop Charges?

Here are some of the ways an experienced criminal defense lawyer can assist in fighting eluding police allegations:

• Reviewing police reports to identify inconsistencies or lack of evidence
• Interviewing witnesses to challenge official accounts
• Requesting discovery materials that may help the defense
• Filing motions to suppress illegally obtained evidence
• Negotiating with prosecutors to get charges reduced or dropped
• Taking the case to trial if necessary and appropriate

An aggressive lawyer will leave no stone unturned in attacking the prosecution’s case and building up your defenses. Don’t go it alone against the power of the state – level the playing field with experienced legal representation.

I Wasn’t the Driver – What Are My Options?

If police accuse you of fleeing in a vehicle that you weren’t actually driving, be sure to inform your attorney right away. Mistaken identity is a common defense in failure to stop cases.

Your lawyer can file motions to compel evidence that identifies the driver, such as body and dash cam footage. They will also aggressively cross-examine officers to probe inconsistencies and lapses in observation during the chaos of a pursuit.

Raising reasonable doubt over the identity of the driver can be enough to defeat the charges. Don’t let someone else’s actions wrongly convict you – fight back.

Can I Reduce Failure to Stop Charges Through a Plea Deal?

Potentially, yes. Your attorney may be able to negotiate with prosecutors for a reduced charge through a plea bargain. This brings lesser penalties than a failure to stop conviction.

For example, charges could possibly be knocked down to reckless driving, a lower degree eluding offense, or even a simple traffic violation. Your lawyer will advise if a plea deal makes sense based on the specifics of your case.

While pleas still bring penalties, they may be far less severe than risking trial and losing. An experienced negotiator can often work out a deal that avoids jail time and limits fines and license suspension.

I Panicked and Didn’t Stop – What Should I Do?

It’s understandable to panic if police try to pull you over and you have something to hide, like drugs in the car. But fleeing will only escalate the situation and add very serious criminal charges.

If you find yourself in this situation, pull over in a safe location as soon as possible. Then respectfully decline discussing anything with police and immediately call your attorney. Shutting up and asking for a lawyer is your best defense.

Never physically resist officers or attempt to flee a second time, as this can lead to catastrophic outcomes. Stay calm and let your lawyer handle it from there.

Should I Just Plead Guilty and Accept the Consequences?

Pleading guilty to failure to stop charges should be an absolute last resort. The penalties are so severe in New Jersey that you need to explore every possible defense first.

An experienced lawyer may be able to get charges dismissed entirely or reduced significantly. This can save you from huge fines, jail time, and license suspension.

Before giving up, schedule a consultation with a criminal defense attorney to fully understand your options. There may be more ways to fight than you realize.

Conclusion

Eluding police allegations are extremely serious in New Jersey. Even first offenses bring stiff jail sentences, big fines, and license suspensions. Subsequent charges quickly escalate to felony-level crimes.

Don’t take chances by navigating these complex cases alone. Hire an aggressive criminal defense lawyer to protect your rights and future. An attorney experienced in failure to stop charges can often get them reduced significantly or dismissed through strong legal defenses.

While the penalties seem daunting, you have options. Knowledgeable legal counsel levels the playing field against police and prosecutors. So don’t plead guilty without exploring every opportunity first. Your life is worth fighting for.

References

[1] NJ Statute 2C:29-2

[2] NJ Attorney Ethics and Discipline

[3] Writing for Your Audience: The Client