Resisting Arrest or Eluding Law Enforcement
New Jersey law enforcement agencies frequently charge individuals with resisting arrest when, in the judgment of police on the scene, situations get out of control. Police are trained to maintain control in any given situation in which they find themselves while on duty.
A common situation in Ocean County and Monmouth County, New Jersey that often leads to individuals being charged by the police with resisting arrest involves disturbances outside of nightclubs. Police are often called upon to wade into an ongoing or developing fight in order to break the fight up. One thing that can happen in this situation is that an individual, either involved in a disturbance or simply observing a disturbance, is approached from behind by a police officer who attempts to arrest the individual, but who is not recognized as a police officer by the individual. The result often is that the individual is charged with resisting arrest, without that individual having had the intention to resist arrest. Similarly, it is easy to imagine situations in which a charge of resisting arrest or eluding law enforcement in New Jersey can arise from an innocent misunderstanding on the part of the party charged.
A Resisting Arrest or Eluding Law Enforcement Charge Can Carry Harsh Consequences
It may be easy to be inappropriately charged with resisting arrest in New Jersey or eluding law enforcement, but these are serious charges to be facing. The charges grow more serious where the act of resisting or eluding police creates a risk of death or injury to a third party. That is especially true where that risk is caused by the operation of a motor vehicle or a boat.
A criminal charge and a criminal record, can carry serious consequences for your future. For example, if you are either employed or intend on becoming employed as a teacher or employee of a public school system in regular contact with pupils, a conviction for resisting arrest or eluding law enforcement will result in your inability to obtain or retain employment as this charge is a “disqualifying” offense barring an individual from employment within a public school system under N.J.S.A. 18A:6-7.1. You owe it to your future to give yourself a chance at the best outcome possible for your case by retaining an experienced New Jersey criminal defense attorney.