Weapon Possession Charges in Paterson Dismissed by Grand Jury
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The Tormey Law Firm recently represented a client charged with unlawful possession of a weapon and possession of a weapon for an unlawful purpose in the Passaic County Superior Court in Paterson, New Jersey. Our client was in his 40s and had no prior criminal record. He was a father of two who had grown up in Paterson and who gave back to the community by volunteering at a local boys center. During his volunteer work there, he overheard several boys talking about a handgun. He confronted the young man about it and convinced the boy to turn over the gun to him. The gun was wrapped in a t-shirt and was never actually touched by our client, who put the gun in his trunk and planned on turning it in at a “voluntary surrender” program.
Sometime after confiscating the gun, our client had an argument with his wife, prompting her to call the police. She was furious that he had allegedly cheated on her with another woman. At the time, she was aware of what transpired with the young man at the boys center, and she knew that her husband had the gun in his car. She told police that he had threatened her with the gun. As a result of this accusation, the police arrested him immediately.
Our client faced multiple felony charges, including unlawful possession of a weapon and possession of a weapon for an unlawful purpose. These charges carried potential penalties of five (5) to 10 years in NJ State Prison, with a presumption of incarceration. The typical plea offer in a case like this is five (5) years in state prison, with a minimum of three (3) years to be served without the possibility of parole.
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Our client was distraught and facing serious penalties, so he hired the Tormey Law Firm to represent him. We hired an investigator on behalf of our client to take statements from the pastor who runs the volunteer program at the boys center and from our client’s wife, who had now recanted her statements to police. As a result, the prosecutor’s office presented the case to the grand jury for an indictment with both the initial statements made to police and the new statements from the pastor and our client’s wife. Based on this new evidence, the grand jury declined to indict our client, and the charges were dismissed altogether.
This was an unbelievably favorable result for our client, who was surely facing at least three (3) years in prison without the possibility of parole. Needless to say, our client was extremely pleased that he had hired the Tormey Law Firm to represent him.