Hudson County Gun Lawyers

Arrested for gun charge in Jersey City? We can help

The Tormey Law Firm LLC helped a client beat criminal charges for illegal possession of a handgun. This crime is classified as a second degree felony, so the client faced up to 10 years in New Jersey State Prison if convicted on the very serious charges.

Our client was arrested after a Jersey City police officer pulled over the client’s vehicle for an alleged equipment violation. During the routine traffic stop, the Jersey City patrol officer spotted a number of prescription pill bottles inside the car. This led the officer to believe that there could be illegal narcotics in the motor vehicle. Additionally, the police officer allegedly observed the driver acting nervously, leading him to believe that the driver might have been under the influence of drugs.

The Jersey City cop forced the client to get out of the vehicle and then conducted a search of both the client and the car. During the search of the vehicle, the police officer discovered that the prescription bill bottles visible inside the car had been legally prescribed to our client. However, despite realizing that the prescriptions were legally obtained by our client, the police officer continued to search various closed compartments inside the car. The officer eventually came across an unloaded handgun in the vehicle glove compartment.

N.J.S.A. 2C:39-5: Illegal Possession of a Handgun in New Jersey

As set forth by N.J.S.A. 2C:39-5, illegal possession of a handgun is a crime of the second degree and carries a potential sentence of 5-10 years in NJ State Prison for anyone convicted under the statute.

Additionally, since illegal handgun possession is covered by the Graves Act, a conviction for this second degree criminal offense would require the imposition of a minimum sentence of 42 months in state prison before the convicted offender becomes eligible for parole. This meant that our client faced a minimum mandatory term of incarceration of 3.5 years and a maximum penalty of 10 years in state prison. Moreover, the plea offer from prosecutors in this case was five years in NJ State Prison, with a minimum of three years to be served without the possibility of parole. As such, the stakes were extremely high.

Felony Gun Charges in Jersey City – Hudson County Superior Court

All felony cases allegedly committed in Hudson County are prosecuted by the Hudson County Prosecutor’s Office and handled in the Superior Court of Hudson County, Criminal Division. Here is the court information:

Hudson County Superior Court

Criminal Division

595 Newark Ave

Jersey City, NJ 07306

201-748-4400 ext. 60170

Arrested for a Gun in Hudson County? CJP and Potential Detention Hearings

After the client was arrested with a gun and charged with 2nd degree unlawful possession of a weapon in Hudson County, this was done on a warrant complaint. Then, the client is taken to the Hudson County Jail where he will remain until he sees a Judge for his first appearance which is done within 24-48 hours. At the first appearance the client will either be released or the State (Hudson County Prosecutor’s Office) will move for detention and ask the Judge to keep the defendant in custody while the case is going on. If this happens, the defendant will remain in jail until his detention hearing which is held within 5 days.

At the detention hearing, the prosecutor will argue that the defendant is a danger to the community and a flight risk and should stay in jail. The defense will argue that the defendant is not a danger to the community and has ties to the community and will appear in court to handle his charges. The defense may submit evidence to the Judge to show this, such as character letters, proof of employment, records that the defendant owns a home in the area, etc. Then, the Judge will decide. The defendant may be released with certain reporting conditions to pre-trial services (in person, by phone, by video). The defendant could also be detained on house arrest or with ankle monitoring. If not, the defendant will remain in custody and accrue jail credit while the case is going on.

Pre-Indictment Conference or Grand Jury Presentation

After the detention hearing, the case is typically scheduled for a pre-indictment conference. The State provides the discovery (evidence) and a plea offer. In this case, they were looking for jail time so the pre-indictment plea offer was rejected and the case was presented to the grand jury for an indictment. Once the client was indicted, motion practice begins.

Tormey Law Firm Challenges Illegally Seized Evidence in NJ Gun Possession Cases

Our experienced gun lawyers reviewed the discovery evidence provided by the State and then filed a motion to suppress evidence seized during the traffic stop. We brought the evidentiary challenge because the Jersey City police officer conducted the search of our client’s car without a valid search warrant and without a legal justification to do so.

Our attorneys and the prosecutor both submitted legal arguments to the Hudson County Superior Court Judge before a hearing (known as a “motion to suppress evidence”) at which the arresting officer testified. At the conclusion of that hearing, the Superior Court Judge agreed with our position that the officer’s search of the vehicle was conducted illegally. As a result, the judge ordered that the evidence should be suppressed.

Illegally Obtained Evidence – Fruit of the Poisonous Tree

If the Judge rules, like in this case, that the search was illegal, then any evidence seized by the State is thrown out of court based on this illegal search. This is known as the “fruit of the poisonous tree” doctrine.

Jersey City Gun Charges Lawyers – Call Us Now

Without the handgun in evidence, there was no way for the prosecutor to move forward with the criminal charge against our client. The indictment against our client was subsequently dismissed.

If you or someone you love is facing a gun charge in Hudson County, contact us now for immediate assistance at 201-556-1570. The initial consultation is always provided completely free of charge.