Gun Case Dismissed Pre-Indictment in New Jersey

Client Arrested for a Weapon Avoids Indictment in NJ

Gun Case Dismissed Pre-Indictment in New Jersey The attorneys at The Tormey Law Firm successfully represented a client in a recent gun case in which the charges were dropped before an indictment. Our client’s case was heard in Essex County, New Jersey, where he was charged with unlawful possession of a weapon, specifically a handgun. Under NJ law, illegal possession of a handgun is a second degree crime, meaning that if our client was convicted of this crime, he would face the possibility of having to serve up to ten (10) years in New Jersey State Prison. Because this was a weapons offense involving a firearm, under the Graves Act, our client would not have been eligible for parole until he served a minimum of forty-two (42) months of his sentence, regardless of his criminal history or the circumstances that led to his arrest.

Our client originally intended to fly to Portugal with family to look at wedding venues with his fiance and to attend a birthday party for his fiance’s grandfather, who was turning 80. Our client had purchased the firearm lawfully out of state through a gun show. Notably, gun shows are legal in Pennsylvania, where our client is a resident, but sales of firearms at gun shows are strictly prohibited in New Jersey. According to New Jersey Administrative Code § 13:54-3.4(e), no retail business involving guns is permitted to be conducted at a temporary or mobile facility. The law explicits lists gun shows and exhibits among the places considered temporary and thus, ineligible for conducting firearm-related transactions.

Our client usually kept his lawfully obtained firearm in a secure location and barely even operated or used it in his home state of Pennsylvania. Unfortunately, he was among the many otherwise law-abiding individuals who accidentally bring their weapons to New Jersey and quickly come to find out that this state is harsh and unrelenting when it comes to gun permits, lawful possession, and the consequences of gun charges.

In this case, our client was discovered with a firearm in his backpack while passing through security at Newark Airport. Shortly after discovering that he was in possession of the weapon, he was arrested and charged with violating N.J.S.A. 2C:39-5(b)(1) by being in possession of a handgun while not having a permit to carry a handgun issued by the State of New Jersey. Since NJ does not acknowledge or accept out of state permits, this is deemed a second degree crime even if a person has obtained the firearm lawfully outside of New Jersey, and even if the state where they reside has constitutional carry, or the ability to carry a handgun without the need to obtain a permit to do so.

Arguing for Release After the State Moves for Detention in a Gun Case

While he was in jail in Essex County, our client’s fiance contacted us and enlisted our help with defending his gun case. Our team promptly got to work on protecting his rights and advocating for his release from jail. The State, or the Prosecutor’s Office, moved for detention in our client’s case. Because one can no longer go to a bail bondsman to post cash bail to guarantee their release, people who have been arrested face several options: either be released while their case goes through the court system (ROR), be released but subject to following certain conditions while their case is being adjudicated, or the State moves for detention and is successful in obtaining it at a pre-trial detention hearing, meaning they stay in jail while their case goes through the court system. The State chose to request detention in our client’s case, as is common for those charged with weapons offenses in New Jersey. This means that upon our client’s arrest, the State asked the Court to hold our client in the county jail while the case was pending.

However, the Judge ultimately decides whether or not to grant the State’s motion for detention, to release the defendant, or to release the defendant with specific conditions. The State uses a PSA, or Public Safety Assessment score, to determine whether to recommend release or detention of a person who is arrested. The score goes from 1 to 6, with 1 being the lowest and 6 being the highest. The higher the score, the higher the risk. Factors to consider are if a person is a flight risk, or risk to miss court; danger to the public risk, and whether the person would be obstructing justice. Our client scored low on the PSA, did not have a criminal history, and was charged with a felony due to unlawful possession of a weapon, not unlawful use of a weapon.

Keep in mind that what made the possession of his weapon unlawful was that our client didn’t declare it upon arrival at the airport and that he did not have the requisite paperwork issued by New Jersey. Otherwise, the so-called “conduct” of possessing a weapon would not be unlawful. Most importantly, our client did not even realize the firearm was in his bag, and the statute requires that someone knowingly be in possession of a handgun at the time of the arrest.

Our firm opposed the State’s request to hold our client, and, through our efforts, our attorneys were able to secure his release from jail. Using all of the information that we gathered, we submitted a mitigation package in support of our client’s release from jail. This mitigation package included our client’s legal purchase of the weapon (receipt), a permit if he has one, proof of employment, and character references. Based on these documents and the arguments we made to the Judge at the detention hearing, our client was released from custody and was out on Pre-Trial Monitoring (PML). What PML means is that our client would be required to comply with certain conditions to make sure they stay out of jail, such as not getting arrested while released from jail during the time their charges are pending, and to contact Pre-Trial Services (the entity in the court that makes sure people accused of crimes are monitored while released from county jail while their cases are pending).

Client Allowed to Testify Before a Grand Jury for Gun Charges in NJ

After our client’s release, the State presented their case to a grand jury, which is a group of twenty-three (23) individuals who come from all parts of the county where the case is being heard to determine if there is probable cause to bring an indictment. At this point, upon our client’s arrest, he was only accused of committing a crime or facing a complaint. To bring a formal charge, such as an indictment, the majority, or 12 of the 23 grand jurors, must find that there is enough evidence to show that a crime was committed and that the person who allegedly committed the crime was the one arrested. If the majority of the grand jurors find there is enough evidence that the person arrested committed a crime, then they are indicted, and the case is eventually brought to a trial or some other alternative resolution such as a plea. Otherwise, if there is insufficient evidence to indict, then the case is going to be ‘no-billed’ and dismissed. Once a case is no-billed, then the crime for which a person is accused of committing gets dismissed and cannot be brought against them again.

This was a very unusual case because the prosecutor invited our client to testify before the grand jury and sent us a target letter. Our attorneys had discussions with the prosecutor on the case and were able to agree on the potential for a dismissal. The prosecutor allowed for our client’s appearance and testimony because they believed that our client did not know he had the firearm in his bag based on all the facts and circumstances and therefore, the grand jury might not indict him if they heard his side of the story. If they “no bill” the case, then the case is dismissed with prejudice and is over for good.

At the grand jury, our client appeared to testify. We met with him in advance and had multiple discussions about the status of the case, his rights, what happens during grand jury proceedings, and we helped him prepare to provide testimony. Ordinarily, if someone testifies before a grand jury, they are often compelled or forced to do so with the promise of being granted immunity, so then what is said by that person cannot be used against them which means that they are given immunity, or protection from being punished or prosecuted for what is said during their testimony. Here, however, our client chose to testify voluntarily, which meant that he would not be given such immunity. In other words, our client needed to be fully ready and confident when explaining the sequence of events leading up to his arrest and the surrounding circumstances. This is another key phase of the case where our gun defense attorneys can play a pivotal role.

After the grand jury heard the evidence, the majority of grand jurors decided to no-bill, or dismiss the case against our client. This means that our client is no longer facing criminal weapons charges, is no longer facing the prospect of mandatory minimum state prison time, and that he can proceed with having his record expunged, or cleared, without having to wait any further. Essentially, the gun charges were dropped, our client was not indicted, and he is now able to move on with his life despite this unfortunately ordeal that could have had a very different, life-altering outcome.

Talk to a Tested and Trusted New Jersey Gun Defense Attorney

At the Tormey Law Firm, we represent clients charged with firearm offenses on a constant basis in New Jersey, and we fully understand the stakes when our clients are potentially facing mandatory incarceration for gun violations. Our criminal defense team recognizes that weapons charges arise under many different circumstances, including clients who are arrested and charged criminally for transporting a firearm across state lines. Often, our analysis of the case, the facts, and the evidence reveals that our client has simply become caught in the criminal justice system by not having a clear understanding of the law, rather than their own conduct. For this reason, we meticulously review every aspect of each case, our client’s background and their personal situation in order to construct the most effective defense strategy. From the moment we are retained, we zealously protect our clients’ rights and interests, ensuring that they are in the best possible position to move forward with the strongest case and the highest likelihood of securing a dismissal.

If you or someone you love is in the predicament of having been arrested for unlawful possession of a firearm or any other type of gun charge in New Jersey, we urge you to exercise your right to remain silent and your right to retain counsel. Our defense team is available and readily equipped to assist you in your time of need. Begin with a free confidential consultation by contacting us at (201)-556-1570. Whether you need someone to meet you or your loved one in jail in Hudson County, Essex County, Union County, Middlesex County, Monmouth County, or another county in New Jersey, or you have the opportunity to meet with us in-person at one of our convenient offices, our attorneys will go to great lengths to meet your needs. Through all stages of the criminal process, our firm is passionate and committed to fighting for your freedom.

Here is the 5-star review that our client’s fiance, Katelyn, posted on Google after the firm had the charges completely dismissed.

“I am incredibly thankful for Travis and Alyssa at The Tormey Law Firm. They were able to turn a nightmare of a situation into complete and utter relief. My fiancé got arrested at EWR with a firearm in his carry-on that he completely forgot was in there. He ended up at Essex County for a week before he was released back home. The Friday morning after his arrest, and while still in custody, I decided we needed to find a lawyer and quickly. Immediately The Tormey Law Firm popped up. I was hesitant at first but within one minute of submitting an inquiry, Travis himself called me to discuss. He took time out of his day, even at home with his children, to give me a call and let me know he could help. A few minutes later I heard from Alyssa and from then on I had some hope that things would get resolved.

Following his release we were waiting on his court date to find out next steps. To our surprise, Travis had spoken with the Prosecutor and we were now heading to a full dismissal of all of the charges. The RELIEF we felt. The initial situation happened in early August and by January we had the court date and all charges were dismissed and his record completely clean. For what we thought was going to be an uphill battle, Travis and his Law Firm truly went above and beyond to correct a mistake that should have never occurred in the first place. I couldn’t recommend utilizing The Tormey Law Firm enough. They’re professional, incredibly informative, and without a doubt know what they are doing. Do not hesitate to call them. I am now able to get married and know my fiancé can watch our daughter grow up.”

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With unmatched knowledge and experience in the practice of law, the seasoned attorneys at The Tormey Law Firm are committed to serving their clients and tenaciously confronting the allegations against them.

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