ELIZABETH, NJ ELUDING CHARGE ATTORNEY

Facing eluding charges in New Jersey can be a daunting experience, with serious consequences that may affect one’s future. In addition to facing eluding charges, a defendant can also be charged with car theft, reckless driving, CDS in a car, DWI, assault by auto, or vehicular homicide. Retaining an experienced attorney like Brett M. Rosen is crucial. Known for his compassionate approach and legal storytelling, Rosen’s expertise in criminal defense is marked by a history of hands-on experience and successful outcomes. His assertive courtroom presence and strategic defense methods have earned him a reputation for unwavering dedication to his clients’ rights. By choosing Brett M. Rosen, individuals charged with eluding not only gain a skilled legal advocate but also a powerful ally in navigating the complexities of the justice system. His track record of securing favorable results, even in challenging cases, underscores the importance of expert legal representation in such critical situations. 

What is Eluding in New Jersey?

Eluding, in the context of New Jersey law, refers to the act of intentionally fleeing from a law enforcement officer after receiving a signal to stop. This can occur during a traffic stop or when an officer attempts to apprehend an individual on foot.

Legal Definition of New Jersey Eluding Charge

Under N.J.S.A. 2C:29-2b, eluding is defined as operating a motor vehicle or vessel and knowingly fleeing or attempting to elude a police officer after having received a signal from the officer to bring the vehicle or vessel to a full stop.

Elements of a New Jersey Eluding Charge

It is the prosecutor’s job to prove the defendant guilty beyond a reasonable doubt. Every charge, whether it be murder, assault or theft, have elements. These elements must be proven beyond a reasonable doubt. If the prosecutor fails to prove one element from a single charge, then the defendant must be found not guilty of that charge. In New Jersey, the Model Criminal Jury charge states that:

“In order to convict the defendant of eluding, the State must prove beyond a reasonable
doubt each of the following six (6) elements:
1. That [defendant’s name] was operating a motor vehicle on a street or highway in [or a
vessel on the waters of this of] this state.
2. That [law enforcement officer’s name]was a police or law enforcement officer.
3. That [law enforcement officer’s name] signaled to bring the vehicle [OR: vessel] to a full
stop.
4. That [defendant’s name] knew that the officer had signaled him/her to bring the vehicle
[OR: vessel] to a full stop.
5. That [defendant’s name] knew that [law enforcement officer’s name] was a police or law enforcement officer.
6. That defendant knowingly fled or attempted to elude the officer.”

It’s important to remember that “[m]ere failure to stop does not constitute flight. In order for you to find that the defendant fled or attempted to elude the police, the State must prove beyond a reasonable doubt that he/she knew that he/she was being pursued by police officers, but still did not stop.”

Case Law on New Jersey Eluding charges

In the case of State v. Mendez, 345 N.J. Super. 498 (App. Div. 2001), the court addressed significant issues regarding the eluding charge. The jury found Jose Mendez guilty of second-degree eluding a police officer, in violation of N.J.S.A. 2C:29-2b. This decision was based on evidence presented during a police chase where Jose, as the driver, accelerated away from the police, committed various traffic violations, and his passenger, Timothy Mendez, discarded items from the vehicle.

The court held that the culpability requirement for the element of eluding, which requires proof that the defendant fled or attempted to elude, is “knowingly,” as opposed to “purposely.” This means that for a conviction of eluding, the state must prove that the defendant was aware that they were fleeing from the police during the pursuit.

Furthermore, the elements of eluding do not include a “result” element of success in avoiding apprehension, meaning that the crime of eluding can be committed even if the attempt to flee is not successful. The jury instructions on the eluding charge implicitly conveyed the requirement that the state prove the defendant was aware he was fleeing police during the pursuit.

This case clarifies the standards and interpretations applied to the charge of eluding in New Jersey, emphasizing the importance of the defendant’s awareness and intent during the act of fleeing from law enforcement.

Degrees of Offense

Eluding can be charged under different degrees based on the circumstances:

• Third-Degree Crime: If no risk of harm is created by the act of eluding, it is typically charged as a third-degree crime.
• Second-Degree Crime: If the act of eluding creates a risk of death or injury to any person, it is elevated to a second-degree crime.

Penalties for Eluding in New Jersey

The penalties for eluding are severe and can include:

• Third-Degree Eluding:
  • Imprisonment for 3 to 5 years
  • A fine of up to $15,000
• Second-Degree Eluding:
  • Imprisonment for 5 to 10 years
  • A fine of up to $150,000
  • There is a presumption of incarceration for second-degree charges

Additionally, the court will order the suspension of the individual’s driver’s license for a period of not less than six months and not more than two years.

Defending Against Eluding Charges

A strong defense against eluding charges may involve challenging the prosecution’s evidence regarding the intent to flee and the alleged risk of harm created. It is crucial to consult with a knowledgeable criminal defense attorney, like Brett M. Rosen, who can navigate the complexities of New Jersey’s legal system and advocate on your behalf.

1. Lack of Knowledge: Arguing that you were unaware a law enforcement officer was attempting to stop you. To be convicted, it must be proven that you knew or should have known that the officer was trying to apprehend you. Evidence such as poor visibility or excessive noise could support this defense.
2. Unlawful Stop or Arrest: If the initial traffic stop was unlawful or unjustified, this could be a valid defense. The legality of the police officer’s actions prior to the alleged eluding is critical.
3. Mistaken Identity: Asserting that you were not the person driving the vehicle or that it was a case of mistaken identity.
4. Duress or Coercion: Claiming that you were forced to elude due to threats or danger to yourself or others.
5. Necessity: Arguing that you had to elude to avoid a greater harm, which can be a complex defense and requires substantial proof.
6. Police Car Not Properly Marked: If the police car was unmarked or not clearly marked, and the driver of the police car was not in uniform or displaying a badge, this could be used as a defense.
7. Fear for Safety: If you were in fear for your safety, this defense might be considered. Factors like the location and manner of the attempted stop, and the type of car the officer was driving, will be evaluated.
8. No Signal to Stop: Arguing that the police did not provide a clear and discernible signal to stop, which could include the absence of lights, sirens, or hand signals.
9. Vehicle Not in Operation: If you were not operating the vehicle at the time the police attempted to signal you to stop, this could be a defense.
10. No Intent to Elude: Demonstrating that there was no intent to elude the police, such as if you were attempting to find a safe place to pull over.
11. Mental Incapacity: If you were suffering from a mental condition that prevented you from understanding the command to stop or the consequences of not stopping.
12. Mechanical Failure: If your vehicle experienced a mechanical failure that made it impossible to stop immediately.
13. Emergency Situation: If there was an emergency that required you to continue driving, such as a medical emergency.
14. Improper Police Conduct: If the police engaged in conduct that was inappropriate or violated your rights during the attempted stop.
15. Voluntary Cessation: If you initially failed to stop but then ceased fleeing and surrendered to the police voluntarily.

It’s important to note that these are potential defenses, and the effectiveness of any defense will depend on the specific facts of the case. Contact our office today to discuss your eluding charge.

FREQUENTLY ASKED QUESTIONS (FAQs)

• What is the charge of eluding in New Jersey?
  • Eluding in New Jersey refers to the act of intentionally attempting to flee or elude a law enforcement officer after having received a signal from the officer to bring the vehicle to a stop.
• What are the penalties for eluding in New Jersey?
  • The penalties for eluding can vary. Second-degree eluding can carry a presumption of state prison time, typically 5-10 years. If treated as a third-degree crime, probation may be more common, with a presumptive sentence of 3-5 years.
• Can the charge of eluding be downgraded?
  • Yes, it’s possible for a second-degree eluding charge to be downgraded. For instance, the prosecutor might recommend sentencing for a third-degree crime, which could result in probation instead of prison time.
• What should I do if I’m charged with eluding in New Jersey?
  • If charged with eluding, it’s crucial to consult with a qualified criminal defense attorney who can provide legal advice tailored to your specific case and help you understand your rights and options.
• Is there a defense against an eluding charge?
  • Defenses against an eluding charge can include lack of intent to flee, miscommunication, or not receiving a clear signal from the officer. An attorney can help determine the best defense strategy based on the details of the case.
• What factors can aggravate an eluding charge in New Jersey?
  • An eluding charge can be aggravated by factors such as creating a risk of injury or death to any person, including the police officer, or causing property damage during the act of eluding. These factors can lead to more severe penalties.
• How does New Jersey law define a signal to stop from a police officer?
  • Under New Jersey law, a signal to stop can be any visual or audible signal from a police officer that reasonably indicates the intention for the driver to pull over. This can include sirens, flashing lights, or hand gestures.
• What is the legal definition of ‘vehicle’ concerning the eluding charge?
  • The term ‘vehicle’ is broadly defined and includes not only cars but also motorcycles, bicycles, and any other means of conveyance that can transport a person or property on a highway.
• Are there any particular defenses unique to eluding charges?
  • Yes, one unique defense is the claim of necessity, where the defendant argues that they had to commit the act of eluding to prevent a significant harm that outweighs the harm caused by the crime itself.
• Can an eluding charge affect my driving record?
  • Yes, an eluding charge can have a significant impact on your driving record, potentially leading to points, license suspension, and increased insurance premiums.

TOP-SHELF NEW JERSEY ELUDING CHARGE LAWYER

When facing eluding charges in New Jersey, the stakes are high, and the right legal representation is paramount. Brett M. Rosen is a distinguished criminal defense attorney whose expertise and strategic approach to such cases make him an invaluable asset. Here’s why someone would want to retain his services:

1. Expertise in Criminal Defense: Brett M. Rosen specializes in criminal law, providing clients with knowledgeable and focused defense strategies tailored to the complexities of eluding charges.
2. Proven Track Record: With a history of successful case outcomes, Rosen’s ability to navigate the legal system and secure favorable results speaks volumes about his skill and dedication to his clients’ cases.
3. Compassionate Legal Care: Understanding the stress and uncertainty that come with criminal charges, Rosen offers a compassionate approach, ensuring clients feel supported throughout the legal process.
4. Strategic Defense: Rosen’s methodical and meticulous defense tactics are designed to challenge the prosecution’s case, aiming to protect his clients’ rights and interests effectively.
5. Client-Centric Approach: Recognizing the unique circumstances of each case, Rosen provides personalized attention, crafting a defense that reflects the individual needs and goals of his clients.
6. Reputation for Excellence: As a respected figure in the legal community, Rosen’s reputation for legal excellence and ethical practice makes him a top choice for those seeking a robust defense against eluding charges.

By choosing Brett M. Rosen as your defense attorney, you’re not just hiring a lawyer; you’re securing a dedicated advocate who will fight tirelessly for your rights and work towards the best possible outcome in your case.