Gun Possession Charges Morris County NJ
“The client hired Mr. Tormey to handle an unlawful possession of a weapon charge in the 2nd degree in Morris County. After submitting a mitigation package to the prosecutor, Mr. Tormey was able to get the client admitted into the Pre-Trial Intervention program (known as “PTI”). This program not only avoids the mandatory jail time associated with a gun charge in NJ (usually 5 years), it also allows the client to avoid a permanent felony charge on their record when they successfully complete the probationary program.”
New Jersey has some of the most strict gun laws in the United States. Even for a first time offender, the typical plea offer is 5 years in prison with 42 months to be served before the defendant becomes eligible for parole. Here is an example of a real gun case we handled for a client charged with a 2nd degree gun crime in the Morris County Superior Court located in Morristown, New Jersey.
The Morris County NJ Gun Lawyers at our law firm have done it again. Our client was facing a second degree charge for unlawful possession of a weapon arising out of Morris Township in Morris County, New Jersey. Under the Graves Act, there is mandatory prison time and parole ineligibility for this charge, even if the defendant has no prior criminal history. The typical plea offer is 5 years in prison, 42 months to be served before the defendant becomes eligible for parole. In this case, our client was a valid permit holder from Pennsylvania and brought his handgun to New Jersey in Morris County before he was arrested. Despite the valid permit in Pennsylvania, the defendant can not legally possess this handgun in New Jersey. As a result, he was charged with unlawful possession of a weapon under N.J.S.A. 2C:39-5b, a crime of the second degree. He was facing five to ten years in prison with a presumption of imprisonment. The client is a working married father of three with no prior criminal history. Obviously, our primary goal was to keep him out of prison for his family.
We submitted a mitigation package to the Morris County Assistant Prosecutor which included his gun permit information, purchasing documents for the firearm, character letters, employment information, etc. This package was in support of our client’s application to the Pre-Trial Intervention program (known as “PTI”). This is a first time offender program usually reserved for less serious felony offenses (like third and fourth degree crimes). However, in certain circumstances we have been successful in getting our client’s into this program on second degree gun charges. The assistant prosecutor agreed that he was a good candidate for PTI and that is how the case should resolve. She applied for a Graves Act waiver to avoid the mandatory jail time and parole ineligibility and was able to get approval from the supervisors in her office to admit the defendant into PTI.
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Now, when he successfully completes the probationary period, the charges will be dismissed. Therefore, he will avoid jail time as well as the felony conviction on his record. This was a tremendous result for our client and Mr. Tormey. If you or a loved one needs assistance with a criminal charge in Morris County NJ, contact our Morristown offices now for a free initial consultation at 908-336-5008.