Serving the Elizabeth NJ Superior Court & All Municipal Courts in Union County

Union County NJ Criminal Defense Lawyers

Over 100 Year of Combined Experience

Former County & Municipal Prosecutors



Eluding

Elizabeth NJ Eluding the Police Lawyer

If you have been charged with eluding in Union County, your case will be heard in Elizabeth New Jersey at the Union County Superior Court. This is the court where your offense must be handled since it has jurisdiction over all cases involving a third degree crime or second degree crime such as eluding. You should also know that failure to successfully defend this charge can result in as much as ten (10) years in state prison. This is one of several reasons why the services of a highly experienced criminal lawyer, preferably one accustomed to defending cases at the county courthouse in Elizabeth, can be imperative in defending a N.J.S.A. 2C:29-2(b) case.  Perhaps the real version of the facts is that the police never signaled for you to pull over like they claim, you legitimately did not see any lights or hear a siren, or that you pulled over without any real attempt to get away.  It may also be that, while you didn’t stop and should have, you didn’t pose a danger to others as claimed by the police to make the charge a second degree crime.

The attorneys at our firm, Marshall Bonus Proetta & Oliver, have been successfully defending individuals charged with eluding in Union County for decades. We have helped many clients avoid a conviction for eluding, secure a downgrade and/or gain admission into Pretrial Intervention. If you were arrested for eluding in Elizabeth, Roselle Park, Linden, Scotch Plains, Union or another municipality, we have over 100 years of combined experience to put into action on your behalf, including significant time serving as prosecutors. To speak to an attorney who is highly knowledgeable in eluding, contact our Union NJ Office at 908-272-1700 for a free consultation.

Second Degree Eluding Defense Attorneys in Union Township New Jersey

Representation from savvy defense attorneys is particularly important in cases where someone is arrested in Union Township or elsewhere in Union County for second degree eluding. This violation carries a presumption of incarceration with a recommended term of imprisonment of five (5) to ten (10) years and a requirement that 85% of any sentence be served prior to being eligible for parole. The key element of a second degree eluding case is risk of injury or death to others in the course of attempting to elude. Mere failure to stop does not suffice in this regard as it is the obligation of the state to prove that you knew you were being pursued and put others in at substantial risk of danger by speeding (e.g. a chase), failure to observe traffic signals (e.g. running lights or stop signs) or reckless driving (e.g. weaving through traffic). This strategy makes sense since the New Jersey Eluding Law allows a jury to infer that there was risk of death or injury if the accused violated a traffic offense(s) while attempting to elude police.

Third Degree Eluding. A third degree eluding is also a felony but carries less extreme penalties. There is no presumption that you will serve a jail or prison term. In addition, the offense is eligible for resolution under Pretrial Intervention if you are a first offender. If you are convicted of a third degree crime for eluding, you face up to five (5) years in prison and a maximum fine of $15,000.

License Suspension. In addition to the penalties described, there is a mandatory driver’s license suspension that must be imposed at the time of sentencing for either second degree or third degree eluding. The period of revocation is at least six (6) months and as much as two (2) years.

Aggravated Assault & Eluding. When an individual causes serious bodily injury while eluding the police, they face an additional second degree crime for aggravated assault.

Westfield NJ Eluding Defense Lawyer

While it may be true that the Town of Westfield is about as suburban as you get, this does not mean it is immune from resisting arrest and eluding charges. Anyone can make the mistake of failing to immediately come to a traffic stop so eluding the police is an offense that can arise anywhere in Union County. This is why it is not uncommon to encounter this charge in Cranford, Westfield or Berkeley Heights, just like you do in Plainfield or Rahway.  Irrespective of where in the region you were arrested and charged with eluding, a lawyer at Marshall Bonus Proetta & Oliver is equipped to protect you. Call us anytime 24/7 for an immediate assistance at 908-272-1700.