Defendant Charged with Eluding in New Jersey avoids Criminal Record

The defendant was charged with eluding, in violation of N.J.S.A. 2C:29-2b, a second degree indictable offense (felony) and an estimated twenty motor vehicle violations. If the defendant was convicted of the eluding charge alone, he would be facing anywhere between five to ten years in a New Jersey State Prison. This crime is also subject to the No Early Release Act (“NERA”) which would require the defendant to serve at least 85% of their sentence before they could become eligible for parole. In addition, excluding the twenty or so motor vehicle violations, the defendant would also be subject to a six month to two year loss of their driving privileges.

The aforementioned charges arise out of a police chase which took place in three different towns and ended when the defendant totaled his car. The discovery states that the officers began chasing the defendant when it appeared that he was racing another vehicle. The reports indicate that the defendant was disregarding every stop sign and red light he encountered throughout the five minute chase. The reports go on to state that the defendant nearly struck several vehicles, which forced the officers to pull back due to the potential danger that they were putting the public in by chasing him. The Defendant did not disagree with any of the aforementioned facts, however, the defendant informed us that he committed the violations due to duress. He claimed that while he exited his vehicle at a local gas station an unknown individual entered the backseat of his car. According to the defendant, once he began driving, the unknown individual stuck a gun into his ribs and forced him to follow the car ahead of him, the one the officers alleged he was racing. According to the defendant, once the car crashed the unknown individual took off. As a result of the defendant’s version of the facts my office sent out subpoenas for the videos of the gas station.  

Through countless discussions with the prosecutor’s office, my office was able to create enough issues in the defendant’s case to allow the prosecutor’s office to consent to the defendant participating in the Pre Trial Intervention Program (“PTI”).   Eligibility for the program is determined first by gaining the probation departments consent and then the prosecutor’s office. In the case at hand, the defendant did not make it past the first step as the probation department flagged the defendant and denied his admission into the PTI program. However, due to all of the issues that my office created, the prosecutor’s office used their power to override the probation departments decision and allow the defendant to participate in the program. The Judge imposed a one year probationary term, and as the program dictates, if the defendant completes the program without violating any of the said terms the pending charges will be dismissed.

In conclusion, the defendant was facing up to ten years in a New Jersey State Prison with a mandatory term of parole intelligibility and now he has the opportunity to not only walk away from this incident without serving a single day in prison but also no criminal record.