“In this case, we represented a young man (20 years old), facing a handgun charge in Kearny 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.”
Do you need a lawyer for a gun charge in Kearny, NJ? 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 Kearny NJ 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.
Step 1: Mitigation Package Submitted to the State in Support of a Graves Act Waiver
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 ineligibility. 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.
Step 2: Waiver Granted, Application for the Pre-Trial Intervention Program
PTI is a first time offender program which is usually reserved for third and fourth degree crimes. However, in certain circumstances, the State will consider PTI on a second degree case like this. The State must consent for a defendant to even apply for PTI on a second degree charge. Once they consent, the defendant can apply and pay a $75 application fee. He will then be interviewed by probation and probation will make a recommendation to the prosecutor about whether or not they think the defendant is an appropriate candidate for PTI. Ultimately, however, it’s up to the prosecutor whether or not the defendant will be admitted into PTI. If the State will not agree to PTI, a defendant can appeal that denial but it’s a very difficult appeal to win as you must show that the prosecutor abused their discretion in refusing to allow the defendant into PTI.
In this case, 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.
Step 3: Place client into PTI program with guilty plea
On a gun charge in NJ, you must plead guilty to the charge in order to be placed into PTI. This guilty plea will not have any impact on your record as long as you successfully complete the PTI probation – the charges are dismissed. The defendant appears in court before the Judge to go over the plea paperwork and place a factual basis for the plea on the record. The Judge then reviews the standard conditions and special conditions of their PTI probation and they are placed into the PTI program on the record in court.
NOTE: If a defendant violates PTI and fails to successfully comply with the standard and special conditions, then the charges come back to court and, because they have already plead guilty, they will be sentenced on the original underlying offense. This can be very serious with regards to gun charges because of the presumption of incarceration on 2nd degree crimes as well as the mandatory prison time and parole ineligibility under the Graves Act.
Step 4: Successfully complete the PTI probation – case dismissed
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 a Lawyer for a Firearm Charge in Kearny NJ? 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 Kearny, New Jersey, contact our offices anytime for a free initial consultation.