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.

Challenging Consent on a Motor Vehicle Stop

In order for the state to search your car, they must have consent or a search warrant or the gun or drugs must be in plain view. In order for consent to be properly given, it must be knowing and voluntary. In addition, they can’t just ask you to search your vehicle for no reason. There must be some reasonable suspicion that they are asking to search the car in the first place. Then, they have to explain your rights, including your right to refuse to consent to a search, and usually they will provide you with a form to sign that confirms your rights and acknowledges your consent. Finally, you also have the right to terminate that consent at any point.

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.

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.