Stephen A. Gravatt, Esq.
Attorney
565 NJ 35
Middletown, New Jersey 07748
(732)-337-7922
email: pipking@comcast.net
As an experienced criminal lawyer my opinion is that Eluding a law enforcement officer can best be understood as one specific form of resisting arrest within the broader Resisting Arrest Statute, i.e., N.J.S.A. 2C:29-2. If you have been charged with eluding by auto you definitely need to retain an attorney to defend.
Any criminal lawyer will advise that a suspect (who understands that he or she is in the process of being arrested by a law enforcement officer), commits resisting arrest when he or she engages in an act with purpose to prevent the law enforcement officer from effecting the arrest. During my career as an attorney I have defended many defendants who understood that police were signaling him or her to immediately stop his or her motor vehicle but deliberately refused to stop. An experienced criminal lawyer understands that when a defendant flees the pursuing police officer considers this conduct to be possible evidence that the defendant may be armed and dangerous. However, any experienced criminal attorney will tell you that clients typically do not understand how great his or her exposure is for this offense.
As criminal lawyers we have to explain to clients that it is not a defense (to resisting arrest charges) that the law enforcement officer was acting unlawfully in making the arrest. Attorneys know that as long as the officer was acting within the scope of his official employment duties and announced to the defendant that it was his intention to effect arrest, resisting by flight is a criminal offense. A criminal lawyer defending an eluding resisting arrest charge will expend effort to convey to the court that police error or failure to follow protocol justified defendant’s flight.
During my career as a criminal attorney it has been my experience that resisting arrest charges most commonly arise under circumstances in which the defendant has previously been charged with an offense (think outstanding arrest warrant for failure to timely appear in court on a criminal charge, or even a concurrent crime like possession of CDS-drugs, for example). He or she is unexpectedly apprehended and does not wish to be arrested and processed into the County jail. As a criminal attorney for eluding resisting arrest defendants many have confided to that “deer in the headlights moment” in which he or she simply panics and acts without thinking.
Putting my lawyer cap on, it is apparent that under these circumstances a defendant would now be facing two (2) charges. i.e., an underlying unaddressed criminal charge plus a criminal resisting arrest charge.
Experienced criminal lawyers know that the traditional analysis for resisting that does not take place in a motor vehicle is as follows.
If the underlying offense is not a crime, but a lesser criminal offense codified as a disorderly persons offense (think marijuana possession under 50 grams), and the resisting is fleeing by foot or by menace, the resisting would likely be also charged as a disorderly persons offense. If convicted, a defendant’s exposure could be a fine of up to $1,000.00 per Count, up to 180 days jail time per Count and criminal convictions on his or her criminal record for two (2) disorderly persons offenses.
By contrast, an attorney will advise that if the charge involves fleeing while operating a motor vehicle the event would likely be charged as a 2nd degree crime. A lawyer will also advise that this upgraded charge constitutes a huge heightened exposure for mandatory jail time of not less than five years and a felony criminal record.
WHAT SPECIFIC CONDUCT CONSTITUTES RESISTING ARREST?
Section (a) resisting arrest by use of physical force.
(1) Uses or threatens to use physical force or violence against the law enforcement officer or another;
(2) Uses any other means to create a substantial risk of causing physical injury to the public servant or another;
Obviously, the use of martial art and/or weapons to prevent a law enforcement officer from arresting one is unlawful, not recommended, and could also result in imposition of additional felony charges for aggravated assault and so forth.
Section (b) eluding (resisting) by fleeing–on foot–by auto.
The second form of resisting arrest is simply fleeing, i.e., attempting to avoid arrest by running away–or in the case of eluding by automobile, by driving away.
Section (b) eluding by auto.
Any person, while operating a motor vehicle on the streets or highways in the State of New Jersey, who knowingly flees or attempts to eludes any police or law enforcement officer after having received any signal from such officer to bring the vehicle to a full stop, commits a crime of the third degree; except that a person is guilty of a crime of the second degree if the flight or attempt to elude creates a risk of death or injury to any person. …there shall be a permissive inference that the flight or attempt to elude creates a risk of death or injury to any person if the person’s conduct involves a violation of Title 39, Chapter 4, i.e., (traffic offenses, such as speeding, failure to obey traffic signals, reckless driving, for example). In addition, if convicted, a defendant shall lose his driving privileges in New Jersey (driver’s license suspension) for not less than six (6) months nor more than two (2) years.
DO I NEED TO HIRE A LAWYER IF CHARGED WITH RESISTING ARREST OR ELUDING?
Yes. Only an experienced criminal lawyer or an attorney can successfully make the arguments necessary to obtain prosecutor’s consent to downgrades necessary to avoid imposition of jail time.
If convicted of a third degree crime in New Jersey, your exposure is a fine of up to $15,000.00, plus possible jail time from three (3) years to five (5) years, plus a felony criminal record, without taking into account the exposure for whatever underlying charges caused you to flee.
If convicted of a second degree crime in New Jersey, your exposure is a fine of up to $75,000,00.
plus a presumption of incarceration (mandatory jail time) of ont less than five (5) years nor more than ten (10) years, plus a felony criminal record, again, without taking into account whatever underlying charges caused you to flee.
WHY IS THE PENALTY IMPOSED FOR THIS OFFENSE SO GREAT?
Experienced criminal lawyers and attorneys know that police believe (during pursuit) that anybody knowingly fleeing from law enforcement is dangerous to the public, i.e., might be either violent felon or is the subject of a fugitive warrant (think drugs, guns, bombs, death before prison). An attorney knows that when police believe that the suspect could be dangerous defending defendant’s conduct presents additional challenges.
A criminal lawyer also understands that another rationale for heightened exposure to jail time is that the act of deliberately disobeying a law enforcement officer who attempts to implement a traffic stop or arrest shows a lack of respect for the law. An attorney must therefore strive to present the defendant as an individual who is not direspectful to law enforcement.
HOW TO GET COMPETENT AFFORDABLE REPRESENTATION
As an experienced criminal attorney, I have successfully represented many many clients charged with eluding resisting arrest. An experienced criminal lawyer can oftentimes obtain a plea bargain or imposition of sentence which does not require the defendant serve jail time.
If you have been charged with resisting arrest or eluding, please contact me for a free initial consultation at (732)-337-7922. I will offer in depth analysis of your exposure given the facts in your particular case and a no nonsense explanation of how I can help you, if retained.
