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2nd Degree Handgun Possession in Jersey City Results in PTI, No Jail or Felony Record

Illegal Possession of a Handgun Charges under N.J.S.A. 2C:39-5(B)(1)

“In this case, we represented a young man (20 years old), facing a handgun charge in the Hudson County Court in Jersey City NJ. Luckily, we were able to keep him out of jail and keep this serious felony charge off of his record thanks to the Pre-Trial Intervention (PTI) program.”

Arrested Gun Charge Hudson County jersey City NJ best defense
Gun Charges Hudson County NJ

Do you need a lawyer for a gun charge in Hudson County, Jersey City? The experienced firearms defense lawyers at the Tormey Law Firm LLC are here to help. Here is a real case we handled in 2018 for a client from Virginia who was caught with his handgun in Liberty State Park in Jersey City without a proper permit. He was charged with second degree unlawful possession of a handgun in violation of N.J.S.A. 2C:39-5(b)(1) and facing five (5) to ten (10) years in state prison.

Our client was a young man, 20 years old, with no prior criminal history. He had legally purchased the weapon in Virginia where he lives and was licensed to possess the weapon there. Unfortunately, that does not give him the right to carry the weapon in New Jersey. Even for defendants with no prior criminal record, the typical plea offer is five (5) years in prison, 42 months to be served before the defendant becomes eligible for parole.

We submitted a packet to the prosecutor of compelling reasons, arguing that the State should apply for a Graves Act waiver to remove the mandatory prison time and parole ineligiblity. The client is employed, has no criminal record, is only 20 years of age, and we obtained a large number of character letters and references from family, friends, neighbors, co-workers, and other people in the community. The prosecutor agreed and applied for approval from their superiors for the Graves Act waiver.

The State agreed to admit the client into the Pre-Trial Intervention program (known as “PTI”) for a period of 12 months. The client must remain arrest free and comply with the other conditions of PTI probation. At the end of the 12 months, the charges will be completely dismissed. Thus, not only was the client able to remain out of prison but he was also able to avoid a permanent felony charge on his record.

After the client successfully completes PTI, he will have no criminal record. However, there is a record of the arrest. Under New Jersey law, he must wait six (6) months and then he is eligible to file an expungement petition to have the arrest removed from his record as well. Once the expungement is finished, it is like the entire incident never occurred.

Need lawyer for Gun charge Hudson County? Call Us

This was a great result for our client and the Tormey Law Firm. If you or a loved one needs assistance with a gun charge in Hudson County, New Jersey, contact our offices anytime for a free initial consultation.

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If you or a loved one is in need of assistance with a gun related issue in New Jersey, you've come to the right place. Contact our experienced firearms defense trial team anytime for immediate assistance at (201) 614-2474. The initial consultation is always provided free of charge.


Areas We Serve

The firearms lawyers at the Tormey Law Firm represent clients charged with weapons offenses in Bergen County (Hackensack), Essex County (Newark), Morris County (Morristown), Passaic County (Paterson), Hudson County (Jersey City), Middlesex County (New Brunswick), Somerset County (Somerville), Camden County (Camden), Warren County (Belvidere), Hunterdon County (Flemington), Monmouth County (Freehold), Ocean County (Toms River), Burlington County (Mount Holly), Sussex County (Newton), Mercer County (Trenton) and throughout New Jersey.

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Hackensack
Office

254 State Street

Hackensack, NJ 07601

(201) 556-1570Directions

Morristown
Office

55 Madison Avenue Suite 400

Morristown, NJ 07960

(908) 336-5008Directions

Newark
Office

1 Gateway Center Suite 2600

Newark, NJ 07102

(201) 654-3464Directions

New Brunswick

353 Livingston Ave, Suite A

New Brunswick, NJ 08901

(201) 614-2474Directions