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NJ Failure to Stop Lawyers

 

NJ Failure to Stop Lawyers

Getting pulled over and ticketed by police is never a pleasant experience. But in New Jersey, a failure to stop or fleeing charge takes it to a whole new level. This serious motor vehicle offense can lead to massive fines, license suspension, and even jail time in some cases.

New Jersey laws against eluding police are no joke. Even a first offense is a fourth-degree crime with penalties of up to 18 months in prison and a $10,000 fine. And it gets much worse if anyone is injured during the incident.

So if you’ve been accused of failing to stop for police in NJ, it’s critical to speak with an experienced criminal defense attorney right away. An aggressive lawyer can thoroughly analyze your case and build strategic defenses to avoid conviction.

What Constitutes Failing to Stop in New Jersey?

Under NJ statute 2C:29-2, you can be charged with failure to stop if you:

  • Knowingly flee or attempt to elude police after receiving a clear signal to stop, AND
  • You drive your vehicle in a way that interferes with or endangers the officer or the public.

The “signal to stop” could be emergency lights, a siren, a police command, or even just a hand signal. Any indication to pull over that you knowingly ignore can lead to charges if you drive recklessly as a result.

Injury to others during the incident leads to even more serious offenses like third-degree eluding with up to 5 years in prison. And a chase resulting in death brings first-degree charges and 10-30 years behind bars.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

What Are Common Defenses for Failure to Stop?

While the penalties for eluding police are severe, experienced criminal lawyers know how to aggressively fight these allegations using common defenses like:

  • You didn’t actually flee police
  • You were unaware of signals to stop
  • No proof of reckless driving during incident
  • Misidentification (police stopped wrong vehicle)
  • Duress or necessity forced you to keep driving

A skilled attorney will meticulously examine the evidence and testimony to identify inconsistencies, contradictions, lack of proof, credibility issues, and violations of process and procedure.

Getting charges reduced or dismissed entirely is very possible with an aggressive legal strategy tailored to the specifics of your case.

Should I Hire an Attorney for Failure to Stop Charges?

Absolutely. Eluding police is a very serious criminal offense in New Jersey, so you need experienced legal counsel on your side. A conviction can derail your life with huge fines, license suspension, and possible jail time.

An attorney knows how to navigate the complexities of the criminal justice system to protect your rights. They will ensure police and prosecutors follow proper procedures, while working to get charges reduced or dropped through strong defenses.

Don’t take chances with your future. The costs of skilled legal representation are well worth it.

What Are the Penalties for Fleeing Police in NJ?

As mentioned earlier, even a first offense for failure to stop is a fourth-degree felony in New Jersey. Penalties include:

  • Up to 18 months in jail
  • $10,000 fine
  • Driver’s license suspension of 1-2 years
  • 5 years of probation

Subsequent offenses within a 5 year period bump up to third-degree charges. And if anyone is injured or killed during the incident, penalties become much more severe, including many years in state prison.

In addition, a failure to stop conviction leads to 7 motor vehicle points on your license. Accumulating 12+ points triggers an automatic license suspension.

How Can a Lawyer Help Me Fight Failure to Stop Charges?

Here are some of the ways an experienced criminal defense lawyer can assist in fighting eluding police allegations:

  • Reviewing police reports to identify inconsistencies or lack of evidence
  • Interviewing witnesses to challenge official accounts
  • Requesting discovery materials that may help the defense
  • Filing motions to suppress illegally obtained evidence
  • Negotiating with prosecutors to get charges reduced or dropped
  • Taking the case to trial if necessary and appropriate

An aggressive lawyer will leave no stones unturned in attacking the prosecution’s case and building up your defenses. Don’t go it alone against the power of the state – level the playing field with experienced legal representation.

I Wasn’t the Driver – What Are My Options?

If police accuse you of fleeing in a vehicle that you weren’t actually driving, be sure to inform your attorney right away. Mistaken identity is a common defense in failure to stop cases.

Your lawyer can file motions to compel evidence that identifies the driver, such as body and dash cam footage. They will also aggressively cross-examine officers to probe inconsistencies and lapses in observation during the chaos of a pursuit.

Raising reasonable doubt over the identity of the driver can be enough to defeat the charges. Don’t let someone else’s actions wrongly convict you – fight back.

Can I Reduce Failure to Stop Charges Through a Plea Deal?

Potentially, yes. Your attorney may be able to negotiate with prosecutors for a reduced charge through a plea bargain. This brings lesser penalties than a failure to stop conviction.

For example, charges could possibly be knocked down to reckless driving, a lower degree eluding offense, or even a simple traffic violation. Your lawyer will advise if a plea deal makes sense based on the specifics of your case.

While pleas still bring penalties, they may be far less severe than risking trial and losing. An experienced negotiator can often work out a deal that avoids jail time and limits fines and license suspension.

I Panicked and Didn’t Stop – What Should I Do?

It’s understandable to panic if police try to pull you over and you have something to hide, like drugs in the car. But fleeing will only escalate the situation and add very serious criminal charges.

If you find yourself in this situation, pull over in a safe location as soon as possible. Then respectfully decline discussing anything with police and immediately call your attorney. Shutting up and asking for a lawyer is your best defense.

Never physically resist officers or attempt to flee a second time, as this can lead to catastrophic outcomes. Stay calm and let your lawyer handle it from there.

Should I Just Plead Guilty and Accept the Consequences?

Pleading guilty to failure to stop charges should be an absolute last resort. The penalties are so severe in New Jersey that you need to explore every possible defense first.

An experienced lawyer may be able to get charges dismissed entirely or reduced significantly. This can save you from huge fines, jail time, and license suspension.

Before giving up, schedule a consultation with a criminal defense attorney to fully understand your options. There may be more ways to fight than you realize.

Conclusion

Eluding police allegations are extremely serious in New Jersey. Even first offenses bring stiff jail sentences, big fines, and license suspensions. Subsequent charges quickly escalate to felony-level crimes.

Don’t take chances by navigating these complex cases alone. Hire an aggressive criminal defense lawyer to protect your rights and future. An attorney experienced in failure to stop charges can often get them reduced significantly or dismissed through strong legal defenses.

While the penalties seem daunting, you have options. Knowledgeable legal counsel levels the playing field against police and prosecutors. So don’t plead guilty without exploring every opportunity first. Your life is worth fighting for.

References

[1] NJ Statute 2C:29-2

[2] NJ Attorney Ethics and Discipline

[3] Writing for Your Audience: The Client

 

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