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NJ New Jersey Eluding Case Law: State v. Bunch Lawyers
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NJ Eluding Case Law – State v. Bunch
In New Jersey, eluding police is considered a very serious offense. The case law surrounding NJ eluding charges can have significant implications for defendants. One key case is State v. Bunch, which established important guidelines regarding eluding and resisting arrest charges in NJ.
The State v. Bunch Case
In State v. Bunch, the New Jersey Supreme Court examined the case of a defendant charged with eluding police, resisting arrest, aggravated assault, and other offenses stemming from a police pursuit.
The case facts involved a police officer attempting to pull over the defendant’s vehicle for having an expired registration. The defendant initially stopped but then drove off as the officer approached on foot. A high-speed chase ensued, reaching speeds over 100 mph and involving multiple police vehicles.
The defendant eventually lost control of his car and crashed. Officers approached the crashed vehicle, but the defendant locked the doors and refused orders to exit. After breaking a window, police removed the defendant from the car and placed him under arrest.
Key Issues Addressed
The Bunch case addressed two key issues surrounding NJ eluding and resisting arrest charges:
- Can a defendant face eluding charges if the initial stop was unlawful?
- Does resisting arrest require physical force against police?
Unlawful Initial Stop
The defendant argued that because the initial stop for an expired registration was invalid, he could not legally be charged with eluding in regards to that stop.
However, the NJ Supreme Court ruled that an unlawful stop does not invalidate eluding charges. As long as police are clearly identified, a defendant knows he is being directed to stop, and he refuses, the eluding statute applies regardless of the validity of the initial stop.
Resisting Arrest
The defendant also claimed he did not use physical force when resisting arrest, and therefore did not violate NJ’s resisting arrest statute.
But the Court ruled that resisting arrest does not require actual physical force – refusal to comply with officer orders to exit a vehicle is sufficient. The defendant knowingly obstructed police in making the arrest, satisfying the elements of the charge.
Implications of State v. Bunch
The Bunch ruling established important precedents regarding NJ eluding and resisting charges:
- Validating eluding charges even if the initial stop was improper.
- Clarifying that resisting arrest does not require physical force against officers.
- Emphasizing that failure to comply with police orders can substantiate charges.
These principles can make it more difficult for defendants to fight eluding and resisting cases by arguing against the validity of the initial stop or claiming they did not use force against officers.
Defense Strategies After Bunch
For defendants facing eluding and resisting charges after State v. Bunch, potential defense strategies may include:
- Attacking officer credibility and honesty regarding the events.
- Raising doubts about whether the defendant knew he was being directed to stop.
- Questioning whether police fully followed proper procedures.
- Arguing the defendant did not act “knowingly and willfully.”
While Bunch limits certain defense arguments, experienced NJ eluding lawyers can still build cases focused on the specific circumstances and evidence involved.
Sentencing Considerations After Bunch
State v. Bunch also impacts sentencing considerations for defendants convicted of eluding and resisting charges. Key factors include:
- The decision eliminates arguments against validity of the initial stop.
- Judges may view failure to comply with officers as a serious offense.
- Defendants lose some leverage in plea negotiations.
- Prosecutors may take harder lines in charging and sentencing recommendations.
With certain defense strategies off the table, defendants may face steeper penalties and fines for eluding and resisting convictions post-Bunch.
Finding an Experienced Attorney
The complexities of NJ case law regarding eluding make finding an experienced criminal defense attorney critical. Key credentials to seek out include:
- Extensive experience fighting eluding and resisting charges.
- Deep knowledge of NJ traffic and criminal case law.
- Familiarity with courts, judges, and prosecutors.
- Resources to thoroughly examine police reports and evidence.
- Ability to identify weaknesses in the prosecution’s case.
An attorney well-versed in State v. Bunch and its implications can best protect your rights and build an aggressive defense against eluding and other charges.