Pre-Trial Intervention for Bergen County Handgun Charges
Illegal Possession of Gun Charges Bergen County NJ – Need a Lawyer
Arrested for a gun charge in Bergen County? Need a lawyer to fight an illegal arrest or unlawful search in Hackensack? We can help.
The knowledgeable criminal defense attorneys at the Tormey Law Firm LLC recently helped a client avoid serious penalties for a weapons offense charge. The client had to appear in Bergen County Superior Court, located in Hackensack, NJ, to address criminal charges for unlawful possession of a weapon in violation of N.J.S.A. 2C:39-5. Since the NJ criminal statute classifies illegal possession of a handgun as a second degree criminal offense, the client could have been sentenced to 5-10 years in New Jersey State Prison if she was convicted. Beyond that, the client almost certainly would have received prison time, not probation, because these kinds of firearm charges come with a presumption of incarceration even when the defendant does not have a prior criminal record. On top of that, the Graves Act, one of New Jersey’s strictest gun laws, requires anyone convicted of handgun possession to serve a minimum term of incarceration of five years, with at least three years being served before the offender can become eligible for parole.
The client was a female driver who had to travel as part of her job duties for a bail bonds company located in Virginia. While traveling to NJ for work-related purposes, the client was stopped by a traffic officer and cited for a moving violation. The traffic stop led to the discovery of a handgun in the client’s motor vehicle. The client had legally purchased the firearm in Virginia, but she failed to register the gun in New Jersey. Additionally, the client did not properly secure the gun in the vehicle trunk, which is a requirement for anyone transporting a gun through NJ.
The consequences of a conviction were significant for the client, so the Tormey Law Firm worked hard to defend her against the charges. Our experienced attorneys applied the client for admission into the NJ Pre-Trial Intervention (PTI) program, noting the client’s background and absence of any criminal history. PTI is an alternative sentencing program that gives a defendant the opportunity to avoid prison and keep their permanent record clear of a criminal conviction. In this case, the client could only be approved for admission into PTI after the assistant prosecutor applied to the Attorney General’s Office for a Graves Act waiver and the head Bergen County prosecutor approved the PTI admission. Now, thanks to the hard work of the criminal defense attorneys at the Tormey Law Firm, the client should be able to avoid jail and keep a criminal conviction off her record – as long as she successfully completes the probationary period.
Fight False Arrest Gun Charges in Bergen County – The Tormey Law Firm Can Help
This was a tremendous result for the client and yet another major success story for the Tormey Law Firm.