Essex County NJ Weapons Lawyers
Gun Charges Defense Attorneys in Newark, New Jersey
In an effort to crack down on gun crimes, New Jersey lawmakers have passed some of the strictest gun laws in the county. If you are arrested for carrying a firearm without a permit in Essex County, New Jersey, you face significant penalties that include mandatory prison time. Even weapons offenses that do not involve guns can result in harsh punishments. That’s why it is imperative that you contact a criminal defense lawyer as soon as possible.
The Tormey Law Firm is a highly respected law firm with weapons defense lawyers who understand the nuances of New Jersey guns laws. We appear regularly in courtrooms throughout Essex County, NJ, including Orange, Caldwell, Irvington, Belleville, Bloomfield, and Newark. The firm’s founding partner previously worked at the United States Attorney’s Office and assisted with a number of important task forces. Additionally, our litigation team includes a former county and municipal prosecutor, so we know how to win if your weapons case goes to trial.
Begin Your Weapons Case Defense
Contact us today at 201-654-3464 so that we can begin your defense and help you avoid the most serious consequences of a gun crime conviction. We will provide you with a free consultation about your specific weapons case and can also schedule an appointment to meet with you at our offices in Newark, NJ.
Unlawful Weapons Possession Attorney in Bloomfield NJ
Our veteran gun crime lawyers will protect your rights throughout the legal process. We have represented countless clients charged with weapons offenses and those facing gun-related issues, including:
- Unlawful Possession of a Weapon
- Illegal Possession of a Handgun
- Possession of a Weapon for an Unlawful Purpose
- Certain Persons Offenses
- Unlawful Disposition of a Firearm
- BB Guns, Paintball Guns, and Airsoft Guns
- Defaced Firearm Offenses
- Pointing a Firearm
- Forfeiture of Weapons for Domestic Violence
- Extreme Risk Protection Orders
- Graves Act Offenses
Our track record of success in weapons cases helps us during the negotiation stage because prosecutors respect our work and are open to resolving cases with us in advance of trial. This means that we might be able to negotiate reduced charges or probation in your case. In the best cases, we are able to get the charges dismissed entirely.
Weapons Offenses in Essex County NJ
Most weapons charges in New Jersey are indictable (felony) level crimes. This means that they will be prosecuted by the Essex County Prosecutor’s office. These charges will be issued on a criminal complaint (either a summons or a warrant). Then, the case will be transferred to the Superior Court for prosecution. The cases are usually listed for a pre-indictment conference before the case is presented to the grand jury for an indictment. At the pre-indictment conference, the defense is given the discovery evidence and a plea offer to see if the case will resolve. If it does not resolve, the case will be presented to the grand jury for an indictment. If an indictment does not issue, the case is “no billed” and the case is over. If an indictment is issued, then the defendant must appear in court for their arraignment on their charges.
After the arraignment, any motions will be filed such as a motion to suppress statements or physical evidence based on an illegal search. These motions will be litigated before the Judge who will take testimony from the police officers, examine the facts of the case and the law in NJ and then determine whether or not the evidence should be allowed to proceed or thrown out of court.
Weapons Offenses in Newark NJ – Bail Review/Detention Hearings
If your weapons offenses in Essex County are issued on a warrant complaint (which most are), then you will be taken to the Essex County jail after processing. You will then see a Judge within 24-48 hours who will review your bail and determine whether or not you will be released. If the State moves to detain you, then you will remain in jail until the detention hearing which is usually conducted within 5 days. If the State does not move for detention, then you will be released with a court date and certain bail conditions.
At the detention hearing, the Essex County prosecutor will argue that you are a danger to the community and/or a flight risk and the Judge should hold you in the Essex County jail while the case is going on. Your attorney will argue for your release. The Judge will consider the facts of the case, the nature of the charges, the defendant’s prior criminal history (if any), and their ties to the community and then render a decision. There is a presumption that the defendant will be released from jail so the State must overcome that and show that there are no conditions the Judge can put in place to ensure the safety of the community and to ensure that the defendant will appear in court if they are released from jail.
Frequently Asked Questions (FAQ) Regarding Weapons Offenses in New Jersey
FAQ: Am I going to jail if I’m convicted of these charges? It depends on the degree of your crime and your prior criminal history (if any). There is a presumption of jail time on second degree weapons charges (most gun offenses) with a jail range of 5-10 years in prison. On the other hand, there is a presumption of no jail time for third and fourth degree felony charges in NJ if you have no prior criminal history. In addition, the Graves Act requires mandatory prison time and parole ineligibility on most gun crimes in NJ.
FAQ: Can I get a Graves Act waiver on my gun charges? It’s up to the State. If you have no prior record, they will typically offer a Graves waiver.
FAQ: Can I get PTI on my weapons charges? It depends on what your specific charges are, the degree of your crimes, and if you are eligible for PTI (no prior criminal history and never used a diversionary program before). You can’t even apply for PTI on a second degree gun charge unless the State consents.
Contact a Newark Firearm Defense Lawyer for a Free Consultation
The weapons attorneys at the Tormey Law Firm will be strong advocates for you during this difficult time. We understand that this could be the most important moment in your life. That’s why we will do everything in our power to help you get through this situation with your dignity and your freedom intact. Call us today at 201-654-3464 to discuss your Essex County weapons charges, or email us to schedule a free consultation at our office in Newark, NJ.
