Getting into the PTI Program for a Gun Charge in New Jersey
Can I get PTI on a Gun Charge in New Jersey?
To find out if you may be eligible for Pre-Trial Intervention in a weapons case in Newark, Paterson, Hackensack, New Brunswick, Toms River, or another Superior Court in New Jersey, call our renowned defense firm at (201)-556-1570. Our lawyers have successfully obtained PTI admission for scores of clients in NJ gun cases statewide and we are here to assist you 24/7. Consultations are free, so contact us to discuss your gun possession charge at no cost.
Applying to the Pre-Trial Intervention (PTI) Program for a Gun Possession Charge in New Jersey
In order to get into the Pre-Trial Intervention Program for illegal weapons possession, you must go through the legal process. After arrest, the court sets your hearing dates to press the case through the criminal justice system, from arraignment to pretrial to trial, unless your attorney negotiates a plea deal, in which case you skip the trial and go straight to sentencing. For a second degree crime, you could face up to 10 years in prison and a $200,000.00 fine. Gun charges, like wrongful possession of a firearm without proper permits or driving with an unsecured weapon, are violations of N.J.S.A. 2C:39-5, which means The Graves Act applies and you will have to serve a mandatory minimum term of incarceration, typically 42 months, minimally, before becoming eligible for parole. Though difficult, a skilled weapons attorney can ask the court to waive the mandatory minimum sentence or even order probation or PTI, rather than the mandatory incarceration for gun possession violations. A prosecutor would have to agree to file the motion requesting the waiver.
In order to apply for PTI on a 2nd degree charge in NJ, the prosecutor must consent. Otherwise, you will not be allowed to apply.
As a first-time offender charged with a gun in New Jersey, you may apply for the PTI program if the prosecutor agrees. To apply, besides the $75.00 application fee, you and your attorney may prepare and submit a package that anticipates the eventual interview with a probation officer, who will want to know about the details of the crime, your criminal history, background, schooling, and employment. You may want to include good school grades, employment raises or awards, and character references to show you are essentially a law-abiding citizen who would benefit from a second chance to start fresh. The probation officer will then recommend or not recommend you to the prosecutor and judge as a good candidate for the program.
Some of the typical information we include in our mitigation package in support of PTI enrollment include the following (if applicable):
- employment records
- character references
- gun permits
- proof of legal purchase of the weapon
- travel information (for out of state residents who were visiting here)
In granting or denying your application, the court considers the circumstances of the gun possession charge, such as whether the specific gun possessed threatened others or was safely carried, whether you have been otherwise a law abiding citizen, and other mitigating factors, such as voluntary advisement to a police officer that you possessed the firearm, whether the surrendered firearm was unloaded, and whether you were unaware of your permit requirements and limitations.
Once You get into Pre-Trial Intervention for a New Jersey Weapons Offense, What Happens
If you are accepted into the PTI program, expect to spend up to three (3) years fulfilling the probation requirements, which may involve community service hours, random drug/alcohol testing, AA/NA meetings, drug/alcohol evaluations, surrendering weapons, staying employed and keeping out of legal trouble. If you are denied entry, you may appeal the decision by showing abuse of discretion on the part of the prosecutor in denying your application, which is an uphill battle. If you are admitted and successfully complete the program, you can get your arrest record removed after six (6) months of completing the program through an expungement. Beware that you can complete a PTI program only once, after which you are ineligible to participate again. In fact, any completed first time programs, like conditional dismissal or discharge, disqualifies you for PTI.
Hear From Our Client: How We Got All Four Charges Dropped
My name is Merlin I can honestly say this law firm truly cares about people. From the very first call, Travis was honest and straightforward with me. I was facing four serious charges that could have ended my career, affected my job, and changed my life. The Tormey Law Firm did what I thought was impossible—they got all the charges dropped and resolved everything with just a simple ordinance violation (basically a slap on the wrist).
From the bottom of my heart, thank you. I’m beyond grateful. Wishing you all continued success!
Frequently Asked Questions (FAQ) Regarding PTI for Gun Charges in NJ
FAQ: Can I apply for PTI on a 2nd degree gun charge in NJ?
Only if the State (prosecutor) consents.
FAQ: Is it hard to get PTI on gun charges?
Yes, these are serious crimes (2nd degree) punishable by 5-10 years in prison with mandatory jail time and parole ineligibility. So PTI with no jail time and no felony on your record is a fantastic result if it is achieved.
FAQ: What happens if I get PTI on my NJ gun charge?
Your charges are suspended during the period of your probation and then dismissed at the end. You will have no prison time and no felony on your record if you successfully complete the PTI probation.
FAQ: If I have used PTI before, can I get it again?
No, this is a one time only program meaning you can only use it once in your lifetime.
Want to get Gun Charges Dismissed through PTI in NJ? You’ve Come to the Right Place
If you have been charged with a gun offense in New Jersey, an experienced defense lawyer is critical throughout the criminal process, from helping you get the benefit of the PTI program, probation or reduced sentencing to challenging the arrest procedures, searches and seizures, and contradicting the prosecution’s characterization of the facts and the crime to the judge and jury. An experienced gun charge defense attorney can possibly convince the prosecutor and judge that you are not the defendant anticipated by the Graves Act, nor intended by the legislators in enacting it. In fact, we can often show that you are, on the contrary, the defendant who would benefit most from the PTI program. Our team has done this for countless clients who find themselves arrested for weapons in NJ. We will vet the case against you, dismantle it, and dedicate ourselves to reaching the best possible result for you or a loved one. Contact (201)-556-1570 for more information and a free consultation today.
