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Consequences of fleeing law enforcement

| Oct 21, 2020 | Criminal Defense

The police in New Jersey have a broad range of powers when it comes to arrests. The laws commonly allow them to make an arrest based on the reasonable suspicion of a suspect committing a crime. Some people get scared when under suspicion, and they run from the law. This could bring penalties based on state laws.

Restrictions on arrests

In general, police can stop a suspect on the street to check out a suspicion. However, citizens have the right to refuse to answer questions. A reasonable suspicion has to apply before an officer can search or detain a suspect.

Certain factors and circumstances usually apply to make it a reasonable suspicion. Unlike probable cause, it doesn’t require the same amount of certainty that a crime has been committed. Some state laws allow a suspect to be detained briefly without a warrant. For example, detaining a suspect for a brief questioning about a theft doesn’t usually require a warrant.

In most cases, they need a search warrant or an exception to the search warrant to make an arrest. Arrests may be made in public under reasonable circumstances. If a suspect flees during an illegal arrest, they can face penalties. Some states rule that fleeing during an unlawful arrest is legal, but a suspect should still go along with the officer and fight the arrest later.

Consequences of fleeing police

Each state has its own laws that apply to fleeing legal arrests. For example, Texas authorities can charge someone if they flee a peace officer or federal investigator with a legal reason to arrest them. It is usually a misdemeanor unless the suspect has prior convictions. If the suspect has previous charges, it could turn into a felony.

Fleeing the police may add additional jail time and charges in New Jersey. If a suspect feels they were arrested unfairly, a criminal defense lawyer may be able to assist them and conduct an investigation.

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