Morris County Gun Charge Lawyer
Firearms and Weapons Defense Attorneys in Morristown, New Jersey
Arrested for a weapon in Morris County and need help? You’ve come to the right place. If you are facing weapons charges in Morris County, New Jersey, you may be experiencing serious shock. Do not let a gun or weapons charge ruin your life. As set forth by the Graves Act, gun charges in New Jersey expose the defendant to significant penalties, including mandatory prison time and parole ineligibility. You need legal assistance from an experienced weapons possession defense lawyer. Statistically speaking, having a good criminal defense lawyer on your side might be your only hope of achieving a positive outcome to your case.
Our firm is a criminal defense team of experienced weapons defense lawyers who know how to get you a win in the courtroom. We know exactly how to defend a gun case. Travis J. Tormey, our firm’s founding partner, has a history of achieving favorable results for defendants facing gun charges in New Jersey courtrooms. Additionally, one of our skilled attorneys previously served with the Morris County Prosecutor’s Office, where he prosecuted numerous weapons offense cases. Having a former New Jersey prosecutor on staff gives us unique insight into how the other side thinks. In other words, we know how to effectively undermine the prosecution’s case against you. If you or someone you love is facing gun or weapons charges in Morristown, Mount Olive, Parsippany, Dover, Morris Township, or elsewhere in Morris County, contact us anytime at (908) 336-5008 to discuss your specific situation and find the answers you need to defend yourself. We are available 24/7 and provide consultations free of charge.
Arrested for a Weapons Charge in Morris County NJ? The Bail Process
If you were arrested for a weapons offense in Morris County NJ, these charges can be issued on a summons or a warrant. If your charges are 3rd or 4th degree offenses such as possession of hollow point bullets, high capacity magazine, BB gun or pellet gun charges, or illegal transport of your legal weapon (4th degree), then these charges may have been issued on a summons and you were given a court date. Essentially, you are arrested, fingerprinted and processed, and released with a summons complaint and a mandatory court appearance. If you fail to appear in court, a warrant will issue for your arrest.
However, if you were arrested with a gun, you are most likely facing second degree charges and your charges were issued on a warrant complaint. This means that, you must be fingerprinted and processed and then transferred to the Morris County jail. Then, you will see a Judge within 24-48 hours to review your bail. If the State does not move for detention, then you will be released with a court date. On the other hand, if the State moves for detention based on the serious nature of your charges or your prior criminal history (or both) then you will remain in jail and a detention hearing will be scheduled within the week.
At that hearing, the State (the Morris County Prosecutor’s office) will argue for your detention – that you should remain in jail while the case proceeds because you are a flight risk or a danger to the community. Your attorney will argue for your release. Probation will make a recommendation to the court as well about whether or not you should be released from jail. Finally, the Judge will make the decision. If you are released, you will be released with certain conditions you must comply with or your will return to jail. If you are detained, you can try and appeal that detention to the Appellate Division in Trenton.
NOTE: There is no longer monetary bail in New Jersey (there is, but in very few cases). In most cases, the Judge will impose conditions upon your release such as reporting by phone to probation, reporting in person to probation, house arrest, ankle bracelet, etc.
Pre-Indictment Conference and Grand Jury Presentation
Once you are charged, the case will then be scheduled for a pre-indictment conference at the Morris County Superior Court in Morristown, NJ. Most weapons cases are scheduled for a PIC conference (Pre-indictment conference) to see if the case can be resolved early before presentation to a grand jury for an indictment. This is good for the State because it saves them time and money and moves cases along quickly. It is good for the defendant because they typically get the best plea offers early on before motions are filed and the case is litigated. The prosecutor will provide the discovery evidence and a plea offer at the pre-indictment conference. The discovery is all the evidence the State has and intends to rely upon to prove the charges against the defendant. Discovery evidence can include:
- Police reports
- Witness statements
- Accident reports
- Videos from police vehicles (known as MVR – Mobile video recordings)
- Bodycams
- Operability reports for the gun
If the defendant accepts the State’s plea offer then the case will be resolved. If the defendant rejects the State’s plea offer then the case will be presented to a grand jury for an indictment. Once the defendant is indicted, an arraignment date will be scheduled in court. Then any motions will be filed to challenge the search or to suppress any statements that may have been made.
Most seasoned defense attorneys will submit a mitigation package at the pre-indictment conference to try to get a better plea offer. The package can include any proof of purchase for the weapon, gun permits, proof of employment, character references, gun safety or training courses the defendant has completed, etc.
Frequently Charged Weapons Crimes We Defend in Morris County, New Jersey
We have represented thousands of clients in Morris County and New Jersey courtrooms. Many of our clients have faced firearm and weapon offenses, including:
- Unlawful Possession of a Weapon
- Illegal Possession of a Handgun
- Possession of a Weapon for an Unlawful Purpose
- Unlawful Disposition of a Firearm
- BB Guns, Paintball Guns, and Airsoft Guns
- Certain Persons Offenses
- Forfeiture of Weapons
- Graves Act Offenses
- Extreme Risk Protective Orders
Our veteran gun charge defense attorneys are committed to ensuring that your rights are protected throughout the legal process. Based on our years of experience, we have developed a series of advanced defense strategies for gun cases. When you hire the firm, our attorneys will work tirelessly on your behalf. We will develop a strong and aggressive defense against the charges.
If possible, we will seek to negotiate reduced charges, probation, or another alternative sentencing solution. In certain circumstances, you may be eligible for a diversionary program such as the Pre-Trial Intervention (PTI) program. This will depend on your prior record and the degree of the charges you face. If the case goes to trial, our battle-tested trial attorneys will fight to get you a win in the courtroom.
Morris County Gun Charges Result in No Jail Thanks to Tormey Law Firm
Here are a few examples of real cases we handled for clients in Morris County NJ court who were facing serious guns and weapons offenses including felony convictions and years in prison and ended up avoiding jail time:
- 2nd degree gun charges result in PTI program Morris County NJ
- Illegal handgun possession charges result in PTI, no jail time in Morristown Court
Mr. Tormey also represented 2 different clients in 2023-2024 who were charged with certain persons offenses (felons in possession of a gun) in Morris County Superior Court in Morristown, NJ. Based on evidence issues and potential illegal search issues, he was able to get the clients probation instead of the typical 5 years in prison with a 5 year period of parole ineligibility.
Frequently Asked Questions (FAQ) in New Jersey Weapons Cases
FAQ: Is my out of state gun permit valid in New Jersey? Most likely not.
FAQ: Does NJ have strict gun laws? Yes. New Jersey and New York have the most strict gun laws in the United States.
FAQ: Can I get Pre-Trial Intervention (PTI) on my gun charges in New Jersey? Yes, in some cases. It depends on the facts of your case, if you have any prior criminal record, if the gun was legally purchased, etc. You can’t even apply for PTI on a 2nd degree gun charge unless the prosecutor consents.
Contact a Netcong Gun Charges Attorney for a Free Case Evaluation
If you are charged with a gun or weapons offense in Morris County or elsewhere in New Jersey, your freedom is at stake. Do not delay in contacting our Morris County weapons defense lawyers for a free consultation and case evaluation. You can reach us anytime at (908) 336-5008 or toll free at 866.949.6948, or you can use the online contact form to schedule an appointment at our conveniently located Morristown offices.