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  1. #1
    Join Date
    Aug 2009
    Posts
    1

    Default Is Eluding the Police a Deportable Offense

    Hi,

    In 2005 I was plead guilty to 3rd degree Eluding police officer. I have been a green card holder since 1993 and had no prior criminal charges. I am looking to file for my citizenship but am afraid that I would be denied, or deported because of this matter.

    This isn’t an aggravated felony, but does it qualify as a moral turpitude?

    I anded up doing 364 days of probation and thats it. Any help is greatly appriciated.

    Thank You
    Paul,

    An attempt to elude a police officer is a serious offense in New Jersey. Under N.J.S.A. 2C:29-2(b), a driver who attempts to elude a police officer is guilty of a crime of the third degree. This is an indictable criminal offense which includes penalties of one (1) to five (5) years in prison and a permanent criminal record. If the flight or attempt to elude creates a risk of death or injury to another it becomes a second degree offense which includes five (5) to ten (10) years in prison and a permanent criminal record. Further, an eluding charge also results in a suspension of your New Jersey Driver's License for a period of six (6) months to two (2) years. As a result, if you have been charged with eluding in New Jersey, it is essential that you hire an experienced criminal defense attorney to combat these charges.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: NJSA 2c:29-2b 3rd Degree Eluding Police as a Deportable Offense

    I'm not seeing a moral turpitude element there; see also this case; but if you want to play it safe ask an immigration lawyer who's dealt with that charge.

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