How to Beat A Gun Charge – How To Beat Gun charges – Can I beat a Gun Charge – How to beat a gun charge in NJ
“One of the ways to beat a NJ gun charge is to challenge the search (of the house, car, etc.) and/or the search warrant that was issued. Sometimes, the police search a motor vehicle or a home without probable cause and without a warrant and then the search is illegal. Anything they find based on that illegal search is known as fruit of the poisonous tree and should be suppressed (thrown out) in court.”
Part 3.
“Challenging Bad Warrants and Illegal Searches”
Gun Charges NJ
One of the ways to beat a NJ gun charge is to challenge the search (of the house, car, etc.) and/or the search warrant that was issued. Sometimes, the police search a motor vehicle or a home without probable cause and without a warrant and then the search is illegal. Anything they find based on that illegal search is known as fruit of the poisonous tree and should be suppressed (thrown out) in court. We had a gun case in Hudson County where the police illegally found a gun in the glove compartment of our client’s vehicle without probable cause and the Judge threw the gun out and dismissed the charges completely. The client was facing 5-10 years in prison and he got nothing.
If these procedures are not properly followed, a seasoned criminal defense attorney can file a motion to suppress evidence and try to have whatever evidence was seized thrown out of court based on an illegal search. You have to be careful though because most prosecutor’s have an escalating plea policy which means that, if you file motions like this, then your plea offer from the State will go up. So, if you don’t win the motion and have the gun tossed out of court based on an illegal search, then you are facing more prison time based on the State’s plea offer.
Challenging a Search Warrant in NJ Courts – A Motion to Suppress / Franks Hearing
All individuals in the United States are protected by the 4th amendment of the US constitution against unreasonable search and seizures. Also, Article I, paragraph 7 of the NJ Constitution provides similar protection and provides in pertinent part:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrant shall issue except upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the papers and things to be seized.”
A search warrant is a document issued by a Judge that allows law enforcement to search and potentially seize an individuals’ personal property. The issuance of a search warrant is based on probable cause that there is criminal activity suspected at the location they are trying to search. The search warrant must be issued based on probable cause with particularity regarding where they will search and what they expect to find when they do search. The officer must swear under oath and the warrant must be issued by an independent Judge who can determine whether or not there is sufficient probable cause for the search warrant to be issued.
Some of the potential challenges to a search warrant being issued can include the following:
- Insufficient probable cause
- Police officer made false statements to get the warrant (Franks hearing)
- They conducted the search outside the scope of what the warrant permitted
- They failed to precisely describe the property being search
- They failed to precisely describe the property they expected to seize
A Franks hearing is held where the court must consider if a police officer lied in order to obtain a search warrant. A court will conduct a hearing if the defendant can make a preliminary showing that the police officer “knowingly and intentionally, or with reckless disregard for the truth” included a false statement in their warrant application and that this false statement was necessary for the court for find probable cause.
If the motion to suppress is successful and the search warrant is deemed invalid, all of the evidence seized as a result of the warrant will be suppressed and thrown out of court under the fruit of the poisonous tree doctrine. This can be crucial in a criminal case.
For additional information regarding fighting gun charges in NJ, contact our Hackensack or Morristown offices now for immediate assistance and a free initial consultation at 201-556-1570.
How to Fight a Gun Charge in New Jersey Courts
How to beat a gun charge #1: Challenging the “consent” of a search.
How to beat a gun charge #2. Challenging motor vehicle stops and illegal searches.
How to beat a gun charge #3. Challenging Bad Warrants and Illegal Searches
How to beat a gun charge #4. Plea negotiations and reducing sentencing minimums.
How to beat a gun charge #5. Transporting a gun to the range.
Other Gun Related Pages
NJ Gun Lawyer – Why you should consider hiring an attorney for your gun charge.
NJ Gun Laws – A comprehensive breakdown of gun laws in New Jersey.
Possession of a Weapon Charge NJ – Information on general weapons possession.
Possession of a Destructive Device NJ – Laws on destructive devices in NJ.
NJ Gun Permit Attorney – If you need an attorney for gun permits.
New Jersey Gun Permits – Information about obtaining paperwork for NJ firearms.
Gun Charges NJ – What your facing after NJ gun charges and how to fight them.
Certain Persons Offenses – Info about “certain persons to not own firearms” offenses.
BB Gun Charges – BB Gun Laws in New Jersey.
First Offense Gun Charges – Information about what happens on a first offense gun charge.
Forfeiture of Weapons – Sometimes the police will take your guns after a domestic dispute.
Gun Case Victories #1 – One of the gun cases that we won in NJ.
Gun Charges In NJ – A video on gun charges in NJ.
Gun Permit Attorney – A video on hiring an attorney to help you obtain gun permits.
