In New Jersey and throughout the country, purposefully resisting arrest, or eluding, is a serious crime bringing penalties that can seriously impact your future. If your attempt to elude an officer involved a motor vehicle or posed the risk of injury to the officer or innocent bystanders, the penalties are even more severe, including up to 10 years in jail.
Yet, arrests do not always go smoothly. Did the law enforcement officer follow proper procedures for making your arrest? Did the officer make it clear you were being arrested and read you your rights? A Haddonfield criminal lawyer will ask these important questions and more when preparing your defense for resisting arrest.
New Jersey Resisting Arrest Laws
In New Jersey, the law defines resisting arrest as either:
- Attempting to stop a police officer from making the arrest
- Deliberately stopping a police officer from making the arrest
- Attempting to or deliberately stopping an arrest by fleeing the scene
If a person fails to stop after a police officer signals them to do so, they can also be charged with eluding in place of or in addition to a charge of resisting arrest.
Penalties for Resisting Arrest
Charges and penalties vary from case to case, depending upon the circumstances surrounding the arrest, which may include:
- Driver’s license suspension
If any attempt to resist arrest or elude an officer involved threats or acts of violence or result in injury to anyone at the scene, the offense becomes a third or second-degree crime with steep penalties.
Unfortunately, as we have seen in many recent news stories, police officers do not always follow the law when conducting an arrest. Allegations of excessive force and unlawful arrest have become all too common. Therefore, it is imperative to share all the details of your arrest with your Haddonfield criminal lawyer. They understand the law when it comes to conducting an arrest and closely evaluate your interaction with the officer to prepare your defense and pursue the ideal legal course of action for your situation.
What to Do If You are Arrested in New Jersey
After an initial arrest, you are taken to the police station for the booking process. This is where you are fingerprinted, searched, and your mugshot is taken. You have the right to remain silent and to request to speak to a lawyer before going forward. It is imperative that you exercise this right to prevent any self-incrimination. Protect yourself by waiting for your attorney to lead you through the interrogation process. Resisting arrest is a serious charge. Whatever the circumstances of your case, it is important to choose a lawyer with extensive experience tackling challenging criminal charges and who will protect the rights of their clients.
Haddonfield Criminal Lawyers at Aita Law, LLC Defend Clients Charged with Resisting Arrest
At Aita Law, LLC, we know a criminal charge can impact your life for years to come. Trust a dedicated Haddonfield criminal lawyer to recommend the smartest legal course of action for your case after carefully reviewing the evidence and circumstances of your arrest. If your lawyer uncovers police misconduct, your case could possibly be dismissed entirely through pretrial motions. For a free consultation, call us at 856-287-7800 or contact us online to get started today. Based in Haddonfield and Marlton, New Jersey, we represent clients throughout South Jersey, including Cherry Hill and Camden.
KENNETH D. AITA, ESQUIRE
Mr. Aita has successfully defended thousands of criminal cases. When you or a loved one is charged with a crime, it is an extremely daunting and frightening time. Criminal charges and convictions can have devastating effects on your life. You can be fired from your job, you can hurt your ability to get employment in the future, and most importantly could lose your precious freedom. Mr. Aita not only has the experience and expertise to represent you, but the compassion and understanding to help you through this difficult and confusing process. In a criminal case, everyone is against you; the police, the judge, and certainly the prosecutor, whose job is to get convictions. Mr. Aita is not only your skilled legal advocate, but is in your corner to protect you against the vast government resources that are against you. Make no mistake, fighting a criminal case is a war. You need an attorney willing to go to battle. Mr. Aita is in the trenches every single day tirelessly fighting for justice for his clients.