Local Passaic County Gun Lawyers
Experienced Weapons Attorneys Near Me in Paterson, New Jersey
With a team of seasoned criminal defense attorneys, former gun prosecutors, and a former member of the Morris County Prosecutor’s Office’s Weapons Forfeiture Unit, we have the knowledge and experience to achieve superior results in a wide range of gun-related matters for clients in Passaic County and throughout New Jersey. To discuss your current circumstances and find the answers you need to move forward, contact our offices at (201)-614-2474 for a cost-free consultation.
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Arrested for a Gun Charge in Passaic County NJ?
If you or a loved one has been charged with illegal gun possession in Passaic County NJ, we can help. These criminal charges will usually be issued on a warrant, as opposed to a summons, and the defendant will be taken to the Passaic County jail. The defendant’s bail will then be reviewed within 24-48 hours. At that bail hearing, the Passaic County Prosecutor’s office must make a decision: to release the defendant with a court date or to move for detention asking the Judge to hold the defendant while the case is going on. If they move for detention, the defendant will be held in the jail and a detention hearing will be scheduled within 5 days.
At the detention hearing in the Passaic County Superior Court, the Prosecutor will argue that the defendant is a flight risk and a danger to the community and he or she should be remanded to the jail for the pendency of the case. The defense will argue that the defendant should be released with conditions, that they are not a flight risk, and they are not a danger to the community. The probation department will create a public safety assessment (known as a “PSA”), a risk assessment scale, which grades the defendant on a scale of 1 to 6 as a flight risk and danger to the community. The best scoring being a 1/1 and the worst score being a 6/6. The Judge is not bound by this scale or probation’s recommendation to either release the defendant with certain conditions or remand them.
NJ has done away with cash bail. As a result, a defendant can be released with certain conditions including the following:
- Phone reporting
- In-person reporting
- House arrest
- Ankle Bracelet
- Curfew
The Graves Act – Passaic County NJ Gun Cases, Plea Offers, and a Graves Act waiver
Unfortunately, NJ has some of the most strict gun laws in the United States. The Graves act governs gun charges here which requires mandatory prison time and parole ineligibility even for first time offenders. The typical plea offer on a 2nd degree unlawful possession of a weapon charge in Passaic County is 5 years in prison, 42 months before the defendant becomes eligible for parole. In some cases, the prosecutor will apply for a Graves Act waiver and lower the plea offer to 3 years in prison, 1 year without parole. In other cases, they may even be willing to lower the plea offer to non-custodial probation, meaning no jail time but a felony on the defendant’s record.
Can I get PTI on a Passaic County gun charge?
In some cases, yes. It depends on the circumstances of the arrest, the degree of the charges, and the prior criminal history of the defendant (if any). PTI is a first time offender program for defendant’s who have never been in trouble before and have never used a diversionary program before. PTI is usually reserved for lower level felony offenses like 3rd and 4th degree crimes. However, in certain rare cases, you might be able to get PTI on a 2nd degree gun charge. It is important to remember, however, that you can’t even apply for PTI without the consent of the prosecutor because it is a 2nd degree felony offense.
Passaic County Superior Court Information
The Passaic County Superior Court is located at 77 Hamilton St, Paterson, New Jersey, 07505. The main court office is open Monday through Friday from 8:30 a.m. to 4:30 p.m. and can be reached at (973) 247-8000. For additional information about the court, access the Passaic County Superior Court website.
Passaic County Superior Court Criminal Division
If you have been charged with a criminal weapons offense in Passaic County, you will be required to appear in the Passaic County Superior Court, Criminal Division. Some of the most common weapons charges issued in Passaic County include:
- Unlawful possession of a weapon – N.J.S.A. 2C:39-5
- Possession of a weapon for an unlawful purpose – N.J.S.A. 2C: 39-4
- Unlawful Possession of a BB Gun, Airsoft Gun, or Pellet Gun – N.J.S.A. 2C:39-5(b)
- Unlawful Disposition of a Firearm – N.J.S.A. 2C:39-9
- Certain Persons Not to Possess Weapons – N.J.S.A. 2C:39-7
If you have been charged with one of the crimes above, or another weapons offense, your case will be handled by the Passaic County Superior Court, Criminal Division. The presiding judge in the division is the Honorable Marilyn C. Clark, PJC. The division manager is Edward Wingren. The division can be reached directly at 973-247-8344.
Passaic County Prosecutor’s Office
If you have been charged with a criminal weapons offense in Passaic County, your case will be prosecuted by a member of the Passaic County Prosecutor’s Office. The Passaic County Prosecutor’s Office is located at 401 Grand St #7, Paterson, New Jersey, 07505. The office can be reached at (973) 881-4800. For additional information, access the Passaic County Prosecutor’s Office’s website.
Passaic County Domestic Violence Unit
The Passaic County Prosecutor’s Office’s Domestic Violence unit is responsible for handling all weapons forfeiture matters that arise from domestic violence incidents. In other words, if your weapons were seized in connection with a domestic violence incident, this unit will conduct an investigation to assess the appropriateness of returning your weapons. They will also represent the State in weapons forfeiture hearings.
My guns were seized after Domestic Violence Incident in Passaic County – Can I get them back?
If a restraining order was filed against you in the Passaic County Family Division, your guns were seized. If the restraining order becomes permanent then your weapons can not be returned to you. However, if the temporary restraining order (TRO) is dismissed then the guns can possibly be returned but not automatically. The Passaic County Prosecutor’s office must make a decision on whether to return the guns to you or to file a forfeiture action in court. This forfeiture must be filed within 45 days. The hearing must then be held within 45 days of the forfeiture action being filed.
Applying for a Gun Permit in Passaic County
If you are a resident of Passaic County, you can apply for a gun permit at your local police department or submit your application to the Chief of the New Jersey State Police. For information about each of the municipalities in Passaic County and their associated police departments, click here. To learn more about the gun permit application process, visit our Gun Permit Process in NJ page.
Appeal a Gun Permit Denial in Passaic County NJ
If you applied for a gun permit in Passaic County and it was denied, we can help. You must file an appeal in writing within 30 days to the Passaic County Prosecutor’s office, the Superintendent of NJ State police, and the Chief of police in the town in which you live. The Court must then set a date for the appeal hearing, which must be held within 30 days of the receipt of your request.
Shooting Ranges in Passaic County NJ
If you are searching for a shooting range in Passaic County, Gun for Hire is a local range located at 1267 McBride Ave, Woodland Park, New Jersey, 07424. They can be reached directly at 888-Gun For Hire (888-486-3674) or via email at info@GunForHire.com. You can also visit their website at GunforHire.com for additional information.
For a free consultation regarding your gun-related issue in Passaic County, contact our law offices at (201)-614-2474 today. One of our highly knowledgeable New Jersey weapons attorneys is available to immediately assist you.