Eluding Police in Fort Lee, NJ? Brett M. Rosen, Esq. is Your Defense Against Serious Consequences
Eluding Attorney Fort Lee, NJ
Eluding Attorney Fort Lee, NJ
Have you been charged with eluding a police officer in Fort Lee, New Jersey? This is a grave accusation with potentially severe consequences, including jail time, license suspension, and a permanent criminal record. Don’t face this alone.
Brett M. Rosen, Esq., is a leading criminal defense law firm in New Jersey with a proven track record of success in defending clients against eluding charges. We understand the intricacies of New Jersey’s eluding laws and have extensive experience in the Fort Lee Municipal Court and Bergen County Superior Court. Our firm is dedicated to providing you with aggressive representation, compassionate support, and personalized legal strategies to protect your rights and achieve the best possible outcome.
Understanding Eluding Charges in New Jersey: N.J.S.A. 2C:29-2
Eluding, as defined in N.J.S.A. 2C:29-2, is the act of fleeing or attempting to elude a law enforcement officer by motor vehicle. This includes situations where you:
- Knowingly flee or attempt to elude a police officer after receiving a signal to stop.
- Drive a motor vehicle on any street or highway in a manner that creates a risk of death or injury to any person. This can include speeding, reckless driving, or other dangerous maneuvers.
Degrees of Eluding
The severity of an eluding charge depends on the circumstances surrounding the incident and whether anyone was injured:
- Second-Degree Eluding: If your actions create a risk of death or injury to any person, you can be charged with second-degree eluding. This carries a penalty of 5-10 years in state prison and fines up to $150,000.
- Third-Degree Eluding: If no injuries result from your actions, you may be charged with third-degree eluding. This carries a penalty of 3-5 years in state prison and fines up to $15,000.
- Fourth-Degree Eluding: If you fail to stop for a police officer but do not engage in reckless driving or cause any injuries, you may be charged with fourth-degree eluding. This carries a penalty of up to 18 months in prison and a fine of up to $10,000.
- Disorderly Persons Eluding: This carries up to 6 months in the Bergen County Jail and up to a $1,000 fine.
Penalties for Eluding in Fort Lee
The penalties for eluding in New Jersey are severe, and they can significantly impact your life. Even a third-degree eluding charge can result in a lengthy prison sentence, a hefty fine, and a permanent criminal record. In addition to these penalties, you may also face:
- License Suspension: Your driver’s license will likely be suspended, making it difficult to get to work, school, or other essential activities.
- Increased Insurance Rates: Your insurance premiums will likely increase significantly after an eluding conviction.
- Community Service: The court may order you to complete community service hours.
- Ignition Interlock Device (IID): If convicted of DUI/DWI alongside an eluding charge, you may be required to install an IID in your vehicle.
- Difficulty Obtaining Employment: A criminal record, especially for a felony offense like eluding, can make it difficult to find employment.
| Offense | Degree of Crime | Potential Penalties | Driver’s License Suspension | Additional Penalties | Notes |
| Eluding Police Officer | Second-Degree Crime | 5-10 years in prison, fines up to $150,000 | 6 months – 2 years | Potential for NERA (85% parole ineligibility), restitution for property damage | Applies when eluding creates a risk of death or injury to any person. |
| Third-Degree Crime | 3-5 years in prison, fines up to $15,000 | 6 months – 2 years | Restitution for property damage | Applies when eluding occurs without causing injury. | |
| Fourth-Degree Crime | Up to 18 months in prison, fines up to $10,000 | 6 months – 2 years | Applies when the driver fails to stop for a police officer but does not engage in reckless driving. | ||
| Disorderly Persons Offense | Up to 6 months in jail, fines up to $1,000 | Up to 6 months | Applies to the least serious forms of eluding, such as fleeing on foot or by bicycle. |
How Brett M. Rosen, Esq., Can Help You Fight Eluding Charges
If you are facing eluding charges in Fort Lee, NJ, you need an experienced attorney who can build a strong defense on your behalf. Brett M. Rosen, Esq. has a proven track record of success in defending clients against eluding charges. We will:
Thoroughly Investigate the Case: We will meticulously review all evidence related to your case, including police reports, dashcam footage, witness statements, and any other relevant information. We will leave no stone unturned in our effort to build the strongest possible defense.
Challenge the Prosecution’s Case: We will carefully scrutinize the evidence against you and identify any weaknesses or inconsistencies. We may challenge the police officer’s observations, the reliability of any witnesses, or the procedures used during the traffic stop and pursuit.
Explore All Potential Defenses: We will tailor a defense strategy to your unique circumstances, exploring all available legal options.
Negotiate with Prosecutors: We are skilled negotiators and will work tirelessly to reach a favorable plea agreement with the prosecutor, if possible. This could involve reducing the charges, seeking alternative sentencing options, or dismissing the case entirely.
Provide Aggressive Courtroom Representation: If your case goes to trial, we will provide experienced and zealous representation in court. We will fight for your rights, cross-examine witnesses, and present a compelling case in your defense.
Potential Defenses Against Eluding Charges
The specific defenses available to you will depend on the nature of your offense and the circumstances surrounding your traffic stop. Some common defenses include:
- Lack of Intent: We can argue that you did not knowingly or intentionally elude the police officer. This may involve arguing that you were unaware of the officer’s signal to stop, or that you did not understand the seriousness of the situation.
- Necessity/Duress: If you were forced to flee due to a threat to your safety or the safety of others, this could be a valid defense.
- Mistake of Fact: If you honestly believed you were not being pursued by law enforcement, or if the officer’s signals were unclear or ambiguous, this could be a defense.
- Insufficient Evidence: If the prosecution cannot prove all the elements of eluding beyond a reasonable doubt, we can argue for dismissal of the charges.
- Violation of Constitutional Rights: If the police violated your rights during the stop or pursuit, such as conducting an illegal search or using excessive force, the evidence may be inadmissible in court.
Frequently Asked Questions (FAQs) about Eluding Charges in Fort Lee, NJ
What should I do if I am charged with eluding a police officer in Fort Lee, New Jersey? The most important thing is to remain silent and immediately contact an experienced criminal defense attorney like Brett M. Rosen, Esq. Do not speak to the police or anyone else about the incident without legal counsel present.
Can I get an eluding charge dismissed in Fort Lee, NJ? The possibility of dismissal depends on the specifics of your case, the evidence against you, and the strength of your defense. An experienced attorney can assess your case and advise you on the likelihood of dismissal.
What are the penalties for eluding a police officer in New Jersey? The penalties depend on the degree of the offense and can range from 18 months in prison to 10 years in prison, as well as significant fines and license suspension.
Can I get an eluding conviction expunged from my record in New Jersey? In some cases, it may be possible to expunge an eluding conviction from your record after a waiting period, depending on the specific offense and your criminal history. An attorney can help you determine your eligibility for expungement.
What is the difference between eluding and resisting arrest? Eluding involves fleeing from law enforcement by motor vehicle, while resisting arrest involves using force or threats to resist being taken into custody by a police officer.
What if I didn’t know I was being chased by the police? Lack of awareness of being pursued by law enforcement can be a defense to eluding charges, but you must be able to prove that you did not realize you were being pursued.
What are the consequences of an eluding conviction on my driver’s license? A conviction for eluding will likely result in a significant license suspension. The length of the suspension will depend on the degree of the offense and your prior driving record.
Can I be charged with eluding even if I didn’t cause an accident or injury? Yes, even if you did not cause an accident or injury, you can still be charged with eluding if your actions created a risk of death or injury to any person.
What if I was forced to flee from the police due to a threat to my safety? If you were fleeing due to a genuine threat to your safety or the safety of others, this could be a defense of necessity or duress. However, it’s important to consult with an attorney to determine if this defense applies to your case.
What is the role of the Bergen County Prosecutor’s Office in eluding cases? The Bergen County Prosecutor’s Office is responsible for prosecuting eluding cases that occur in Bergen County. They will review the evidence, decide whether to file charges, and represent the state in court.
Don’t Let an Eluding Charge in Fort Lee, New Jersey Define Your Future – Contact Brett M. Rosen, Esq. Today
Facing eluding charges in Fort Lee, NJ can be a stressful and overwhelming experience. Don’t risk your future by trying to navigate the legal system alone. Contact Brett M. Rosen, Esq. for a free consultation. We will review your case, explain your options, and develop a personalized defense strategy to protect your rights and freedom.
Call us today at 908-312-0368 or email us at brett@nynjcriminalcivilesq.com.