Former State Prosecutor

Former Atlantic County Prosecutor

Certified Criminal Trial Attorney

Experienced for over 30 years

Available 24/7

609.345.3300

RECENT DWI & CRIMINAL DEFENSE RESULTS

STATE v. HENDRICKS — NEW JERSEY MURDER TRIAL — “NOT GUILTY” VERDICT

Mr. Tumelty represented Helena Hendricks, who was charged with first degree murder in Atlantic County Superior Court. The defendant faced a number of additional charges, including armed robbery, conspiracy and possession of a handgun for an unlawful purpose. At the conclusion of a jury trial that lasted three weeks, the defendant was found “not guilty” of all charges.

Former State Prosecutor

Former Atlantic County Prosecutor

Certified Criminal Trial Attorney

Experienced for Over 30 years

Other areas we serve

Questions You Should Always Ask Before Hiring an Attorney

Hiring a criminal defense attorney to handle your case can be a daunting task. It takes time, research and an ample amount of effort to find a fitting attorney who could handle your case. But once you’ve narrowed down your search, it is important to meet your prospective attorneys and ask a few very important…Continue Reading

Drugged Driving vs. Drunk Driving

Driving under the influence of drugs and driving drunk are among the most dangerous things a person could do. Because of this, the penalties related to either charge are both high and extensive. When determining whether a person is drunk, common sobriety tests are administered like breathalyzer tests and and more. But for drugged driving,…Continue Reading

When Can a Mistrial Occur?

According to the United States Constitution, any person who faces criminal charges has a right to a trial by jury. This is one of the many inalienable rights people have as American citizens. A criminal conviction can only occur if a jury finds the defendant guilty and issues the verdict. If a jury is not…Continue Reading

Atlantic City Criminal Defense Attorney Fights Resisting Arrest Charges Across New Jersey


If you are being arrested, and you tryg to break loose, running away or pulling away from a police officer is a crime. This is known as Resisting Arrest (or eluding arrest) and punishments can be quite serious. However, it has to be proven that you were purposely planning to avoid being arrested when you ran away or pulled away. This is where having an experienced criminal defense attorney comes in. There is a long line of defenses for resisting arrest, and the legal team at the Law Offices of John W. Tumelty is no stranger to putting these defenses to good use.

Mr. Tumelty is a skilled criminal defense attorney with over 30 years experience working with clients in Atlantic City, Cape May, Wildwood, Little Egg Harbor, Hamilton, Egg Harbor Township, and Ocean County, and throughout New Jersey. His experience as a former prosecutor enables him to see every case from both sides. If you have been charged with resisting arrest, it is very important to hire the right attorney. There is no substitute for knowledge and experience. Mr. Tumelty will fight aggressively to protect your rights and keep you out of jail. He will make sure that you get the best possible outcome for your situation.

How Serious is a Resisting Arrest Charge in New Jersey?

The act of resisting arrest (2C:29-2 Resisting Arrest, Eluding Officer) could be a  disorderly persons offense or a felony charge depending upon the facts in Atlantic, Cape May and Ocean counties and throughout the entire state of New Jersey. If the charge is a disorderly person’s offense, it carries up to six months in county jail if found guilty.

  • If you resist arrest by running away from law enforcement, the charge can be elevated to a fourth degree crime. Running away is known as “fleeing” and can land you in prison for up to 18 months.
  • If you threaten violence to a police officer, the crime will be elevated even further to the third degree. A third degree crime can mean up to five years in prison.
  • Just as running away on foot is a crime, so is using a motor vehicle to flee. If you flee in a motor vehicle after being ordered to come to a complete stop, it constitutes resisting arrest and is a third degree crime. If, however, you put others in danger while fleeing in a motor vehicle, the charge can be elevated to a second degree crime. This could land you in prison for up to 10 years.

The bottom line – resisting arrest is a serious matter and should not be taken lightly. Whether or not you actually resisted arrest is very subjective in nature. It is not up to hard evidence, but rather the opinion of law enforcement and eye witnesses. For example, an officer may claim you were trying to resist arrest, but if you were wriggling around because you were in pain or fearing for your safety, you have a very strong argument. For this reason, having a skilled attorney who knows how to find weaknesses in the prosecution’s case is invaluable. Mr. Tumelty has successfully defended countless criminal cases, including charges for resisting arrest.

Contact the Law Offices of John W. Tumelty if You Have Been Charged with Resisting Arrest for a Free Consultation

At the Law Offices of John W. Tumelty, we have experience with even the most difficult criminal cases. Our experience, understanding and knowledge have allowed us to successfully defend clients in all types of criminal cases for over 30 years. With offices in Atlantic City, Marmora and Somers Point, Mr. Tumelty represents people facing all types of criminal charges.

If you or someone you love has received any type of criminal charge, contact Mr. Tumelty today for a free consultation. You may call our office at 609-345-3300 or fill out our contact form to request your free consultation with Mr. Tumelty today.

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Atlantic County Offices

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
1 S. NEW YORK AVENUE, SUITE 212
ATLANTIC CITY, NJ 08401

609.345.3300

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
1616 PACIFIC AVENUE, SUITE 318
ATLANTIC CITY, NJ 08401

609.385.4010

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
1555 ZION ROAD, SUITE 203
NORTHFIELD, NJ 08225

609.435.1435

Cape May County Offices

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
539 SOUTH SHORE ROAD
MARMORA, NJ 08223

609.390.4600

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
3318 SIMPSON AVENUE
OCEAN CITY, NJ 08226

609.385.4221

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
100 E RIO GRANDE AVE
WILDWOOD, NJ 08260

609.277.2786

Areas We Serve

Atlantic County Offices

Cape May County Offices

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
539 SOUTH SHORE ROAD
MARMORA, NJ 08223

609.390.4600 Get Directions

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
3318 SIMPSON AVENUE
OCEAN CITY, NJ 08226

609.385.4221 Get Directions

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
100 E RIO GRANDE AVE
WILDWOOD, NJ 08260

609.277.2786 Get Directions

Seasoned criminal defense lawyer John W. Tumelty has three conveniently located offices in Atlantic City, Somers Point and Marmora, NJ. He serves clients in Atlantic, Ocean, Gloucester and Cape May counties and the Jersey Shore, including: Absecon, Atlantic City, Avalon, Cape May, Dennis Township, Egg Harbor Township, Galloway Township, Hamilton Township, Hammonton, Linwood, Lower Township, Margate, Middle Township, Northfield, Ocean City, Pleasantville, Sea Isle City, Somers Point, Stone Harbor, Upper Township, Ventnor and Wildwood.