Parsippany Eluding Charges Result in Pre-Trial Intervention Instead of Prison Time
Arrested for Eluding a Police Officer Morris County NJ? We can help
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If you or a loved one has been charged with eluding the police in Morris County, we can help. Travis J. Tormey represented a client who had been charged with second degree eluding in Parsippany, New Jersey. Thanks to Mr. Tormey’s efforts, the client was admitted into the Pre-Trial Intervention program instead of being sentenced to prison time. Since this was a felony-level offense, it needed to be handled at the Morris County Superior Court in Morristown, New Jersey. Mr. Tormey’s client was facing up to 10 years in NJ State Prison. Additionally, the charge carried with it a presumption of incarceration, meaning that, even with no prior criminal record, Mr. Tormey’s client would receive a mandatory prison sentence if convicted. Perhaps worst of all, because Mr. Tormey’s client was a permanent resident and green card holder, he would be deported if he was convicted of an indictable offense.
Mr. Tormey’s client was a young college student with no prior criminal record. On the day of his arrest, he was simply riding a motorcycle around his neighborhood in Parsippany, NJ. He had never driven a motorcycle before and was unfamiliar with how to properly operate the vehicle. When Mr. Tormey received and reviewed the videotape evidence from the arresting officer’s police vehicle, it became clear that the defendant never should have been charged with second degree eluding.
According to N.J.S.A. 2C:29-2, a person is guilty of second degree eluding only if his attempt to elude “creates a risk of death or injury” to another person. In this case, the arresting officer alleged that Mr. Tormey’s client fled at an extremely high rate of speed in an attempt to elude the officer. However, when Mr. Tormey looked carefully at the video evidence, it was apparent that the officer had failed to turn on his vehicle’s siren until well after Mr. Tormey’s client had driven off. Moreover, Mr. Tormey’s client insisted that he did not see or hear any sirens until later, at which point he attempted to pull over the motorcycle and accidentally flipped it over. This version of events was corroborated by the video evidence and clearly showed that Mr. Tormey’s client was a novice with the motorcycle.
Experienced Morristown Lawyer Who Can Help You Beat Eluding Charges
Prior to trial, Mr. Tormey was able to convince the assistant prosecutor to amend the charge to third degree eluding because the second degree eluding charge could not be proven beyond a reasonable doubt. Then, based on the defendant’s lack of prior criminal history, his strong ties to the community, and his status as a green card holder, Mr. Tormey was able to convince the State that his client should be admitted into the Pre-Trial Intervention (PTI) program. PTI is a diversionary program that allows first-time non-violent offenders with no criminal record to receive probation instead of prison time. In this case, Mr. Tormey’s client received two (2) years of probationary treatment and was required to perform 200 hours of community service.
Thanks to Mr. Tormey’s efforts, Mr. Tormey’s client will have no criminal record and will be able to avoid deportation. This case represented a tremendous success for the Tormey Law Firm.