Newark, NJ Eluding Arrest Lawyer
When the police try to stop you and you run away, you are trying to get away from the police. This offense is also called ‘Flight’ whether it is to avoid the cops, arrest, or prosecution. Whether you have committed any other crime or not, it is a crime for you to try to get away after the cops tell you to stop. If you are charged with any other crime, the prosecution can try to get you sentenced consecutively on the other crime and your attempt to get away.
If you are charged with Eluding Arrest, contact Howard Bailey at 973-982-1200 to discuss what has happened and how to defend your freedom.
Defending an Eluding Charge
The prosecution will try to use your flight to establish that you are guilty of any other offense you are charged with. One of the most important issues the prosecutor will need to establish is that you knew the cops wanted you to stop.
In a recent case, Howard Bailey represented a client who was sitting in a car on a dark street, when he saw someone running towards him with what appeared to be a gun in their hand. As the person approached his car, the client drove away, only to be stopped a few blocks away by a police officer who charged him with eluding the officer who had been approaching his car to question him. Based upon the defense investigation, it was established that the officer never identified himself, that the client had the windows up and the radio playing, and could not see or hear that the person approaching him was a cop. The prosecutor agreed to divert the case without a plea and without a conviction.
Grading Flight to Avoid Arrest Charges
The severity of the eluding charge depends on several factors, such as whether you were trying to get away by running, or drove away in a car. Another important factor is whether anyone was injured by you when you tried to get away. It is not a defense that the cop was acting without probable cause, the question is whether you knew the officer was trying to stop you and you kept on trying to get away.
If you are charged with eluding, consult immediately with an experienced criminal defense lawyer to determine what steps need to be taken to protect you rights. Call Howard Bailey at 973-982-1200 to discuss what your options are.