How to Beat Gun Charges – How To Beat a Gun charge – Ways To Beat Gun Charges – How to beat gun charges in NJ
“One of the potential ways to beat a gun charge in New Jersey is to challenge the search, whether it be the motor vehicle stop and search, the search of a home without a warrant, or the search warrant that the police obtained. If the search was illegal, the gun which was found will be thrown out of court completely”
Part 2.
“Challenging Motor Vehicle Stops and Illegal Searches”
One of the ways my criminal trial team attacks gun charges in NJ is to challenge the initial motor vehicle stop (if applicable). Many of our clients are driving through the State and are stopped for various reasons and this traffic stop leads to criminal charges – gun charges – for having a gun in their possession in their vehicle without a NJ issued carry permit. The only way to legally transport a weapon in NJ without a carry permit is to have the gun in the trunk of the vehicle in a locked gun case, unloaded and separate from the ammunition.
This is a possessory offense. There are no allegations that they were using the weapon unlawfully – pointing or threatening or brandishing the weapon at anyone. It’s merely for possessing the gun (sometimes an even unloaded gun) in the glove compartment or in a backpack in the backseat, etc. and the defendant is facing 5-10 years with a presumption of jail time even with no prior criminal record.
Review the State’s Evidence – Was there Probable Cause for the Initial Traffic Stop? Any violation?
Now, we need to review the discovery (evidence provided by the State) that they intend to rely upon in court to try to prove the charges beyond a reasonable doubt. This discovery evidence typically includes:
- Police reports
- Bodycam videos
- MVR from police cars (videos)
- Witness statements
- Operability report on the gun
Once reviewing the evidence, we will evaluate if any viable motions are possible including a motion to suppress evidence based on a lack of probable cause for the initial traffic stop. If the police had no valid reason to pull you over and stop your car, then any charges that followed (including for having a gun in your car) will be suppressed and dismissed and thrown out of court because this is fruit of the poisonous tree.
Most of the common traffic violations we see which is alleged to be the probable cause for a motor vehicle stop include:
- speeding
- reckless driving
- careless driving
- failure to maintain lane
- failure to signal turn
- failure to stop at stop sign
- illegal turn
- maintenance of lamps (lights are out)
Use Motion to Suppress Evidence as Leverage for Plea Negotiations or Proceed with Actual Motion in Court Before Judge
If we can obtain the MVR from the police vehicles and their bodycam footage and cast doubt on whether or not the traffic violation actually occurred, this can have a tremendous impact on the eventual outcome of a gun charge. If the prosecutor is concerned that a motion to suppress might be granted by the Judge and the entire case may be thrown out of court, then they are very likely to offer us a favorable deal rather than roll the dice with motion practice.
On the other hand, if they are unwilling to negotiate, then we need to evaluate the potential success of a motion to suppress because if we win, the case is over, but if we lose, many times the State will escalate the plea offer and then you are facing a longer jail sentence than you were prior to filing the motion. As you can see, this is a crucial decision which could impact the rest of your life so having an attorney by your side who knows NJ laws, knows the Judges and prosecutors, and can properly advise you on the likelihood of success when proceeding with a motion is priceless in this situation.
If you or a loved one needs help fighting gun charges in NJ, you’ve come to the right place. Contact our firm now for immediate assistance and a free consultation at 201-556-1570.
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.
