Hamilton Couple Charged After Gun Found in Child’s Bedroom During $56K Cocaine Bust
Officers also found guns in several rooms. The discovery that caused the most alarm was made in the child’s bedroom. A handgun and loose rounds sat inside a dresser drawer within reach of the child who lived there. The remaining firearms were stored in other rooms without locks or cases. Police described the home as unsafe for any child, even before taking the drug activity into account.
The charges show how seriously the state viewed the situation. Both adults now face first-degree drug counts tied to possession and distribution of cocaine. Weapons charges followed because of the guns and the way they were kept. Endangerment charges were filed due to the weapon and ammunition in the child’s room and the unstable setting inside the home.
Detectives removed cash, ammunition, a suspected suppressor, and a range of items tied to distribution. The case shows how rapidly an investigation can escalate when officers encounter unsecured guns and a child living in the same space.
How Drug and Gun Charges Stack Under New Jersey Law
Why NJ Prosecutors File Drug and Weapons Charges Together
Prosecutors file drug and gun charges together because the two create a setting that carries a level of danger far beyond simple possession. A firearm near packaged cocaine suggests active dealing supported by the means to protect the operation. Once a weapon enters the scene, the situation shifts. It raises the risk for anyone who enters the home, including officers and neighbors.
State law increases the penalty when a gun is present during drug activity. A separate grading applies because the weapon strengthens the reach of the drug operation. This is where the Graves Act becomes central. It carries a mandatory period of parole ineligibility for many gun offenses. Judges have limited control over that part of the sentence. Even someone with no record can face years in state prison without early release.
Prosecutors combine charges to show the parts of the operation fit together. Cash, distribution tools, and unsecured firearms appear as components of the same plan. When the charges line up in that way, the sentencing exposure widens. A first-degree drug count alone carries a long term. Add a Graves Act offense, and the sentence grows even more. That is why these cases rarely end with probation.
How Stacked Charges Lead to Decades of Prison Exposure
When charges stack, the exposure rises fast. A first-degree distribution charge starts at ten years and can reach twenty based on weight and record. That count alone places someone in a zone where early parole becomes unlikely. The gun charges add separate blocks of time. Unlawful possession sits in the second-degree range, and the Graves Act restricts parole. Another second-degree count applies when guns and distribution occur in the same setting. These counts do not fold together. Each stands on its own.
Child endangerment adds another second-degree block. Courts treat a loaded gun in a child’s drawer as an extreme lapse in care. Cocaine in nearby rooms only strengthens the claim. A fourth-degree suppressor count sits on top of that.
If the prosecutor pushes for consecutive time, the total exposure can cross thirty years. In some cases, it can approach fifty. Judges do not always run terms back-to-back, but the risk is present in cases with guns, drugs, and a child placed in harm’s way.
New Jersey Child Endangerment Charges Explained (N.J.S.A. 2C:24-4)
What the Child Endangerment Statute Covers
Child endangerment becomes a second-degree offense when the conduct places a child in real danger. The prison range runs from five years to ten years, and fines can reach one hundred fifty thousand dollars. Courts rely on this range when the facts show a clear breach of the duty owed to a child.
A parent or guardian carries the daily duty to keep the child safe. That duty covers the space where the child sleeps, plays, and moves. Bringing guns, drugs, or other hazards into that space breaks that duty. The focus rests on the level of risk, not the intent.
The statute applies to conduct that places a child in a situation where harm is possible. An unsecured gun in a bedroom drawer fits this. So does cocaine stored in a home filled with distribution tools. The state often argues that this mix exposes a child to violence, injury, and instability. Courts have allowed second-degree charges in settings where no physical injury occurred because the danger alone was enough.
Why Guns and Drugs in a Home Lead to Endangerment Charges
A gun inside a child’s dresser drawer creates a risk no court can overlook. The drawer sits within reach. A loaded firearm in that space increases the chance of an accidental discharge. It also draws danger from anyone who might enter the home due to drug activity.
Cocaine stored in other rooms adds another layer of danger. The child spends their daily life in that setting. Drug activity sends unfamiliar people in and out and raises the chance of conflict. A child has no ability to protect themselves from that kind of instability. Prosecutors argue that this mix harms the child’s welfare. It touches physical safety, emotional security, and day-to-day care. The statute does not require proof of intent to harm. The risk built into the home meets the standard for a second-degree charge.
Elements Prosecutors Must Prove for Child Endangerment
The state must show three things. First, the adult had a duty to protect the child. That duty falls on a parent, guardian, or caretaker and covers the entire home. Next, the state must show conduct that placed the child at risk. An unsecured gun, active distribution, and cash near cocaine each add to that risk. Last, the state must show the child was under eighteen. Once the age is established, the focus shifts back to the adult’s choices.
Facts That Elevated This Case to Second-Degree Charges
The layout of the home explains the severity of the charge. A gun and loose rounds sat in a child’s dresser. A child can open a drawer at any moment. A loaded firearm in that spot turns an ordinary piece of furniture into a hazard. Cocaine worth more than fifty-six thousand dollars was stored in other rooms. The packaging and cash nearby pointed to active distribution. Officers found other guns as well, none secured. Drug tools sat in places the child could reach. Courts view this kind of layout as a home where danger sits in every direction. A setting built around distribution and unsecured weapons offers no safe path for a child.
Sentencing Exposure for Second-Degree Child Endangerment
A second-degree endangerment count carries a presumption of prison. The range runs from five to ten years. Judges rarely move outside that range, even for someone with no record. The sentence can run on top of the drug and gun terms. Prosecutors often seek consecutive time because each act creates its own danger. A gun in a drawer stands apart from cocaine in another room.
The impact is not limited to the criminal case. A parent can lose custody while the matter is pending. Child protection workers move fast when they find guns and drugs near a child’s sleeping area. Long-term rights can come under review once the agency steps in. The two cases then move on separate tracks, and each can reshape the family’s future.
How DCP&P Gets Involved After a Drug and Gun Arrest
Once police announce an arrest in a case like this, child protection steps in. Investigators arrive soon after officers finish the initial work. Their first task is to review safety inside the home. Removal often occurs the same day when officers report guns, drugs, or large amounts of cash.
The removal begins a separate track in family court. The judge reviews the situation and decides where the child will stay. Temporary placement can last for months while the agency gathers information and monitors progress. A case like this can move toward permanent changes in parental rights. If the agency believes the parent cannot provide a safe home, it may seek to end the legal relationship. The process moves slowly but becomes more direct when the parent faces serious criminal charges.
A conviction in the criminal case becomes evidence in the family matter. It reflects the level of danger inside the home and supports the agency’s claim that the child cannot safely return. Family judges rely heavily on the record from the criminal court.
Defense Strategies for NJ Drug, Gun, and Endangerment Cases
Challenging the Search Warrant and K-9 Alert
Defense work begins with the warrant. Every charge rests on what officers found, so the warrant must stand on solid grounds. If the affidavit contains vague statements or unsupported claims, the defense can move to suppress the evidence. A judge then reviews the file and the steps taken by the officers.
When a K-9 alert leads to the search, the dog’s training becomes part of the review. Defense lawyers can request certification records, testing notes, and handler logs. A dog with outdated training or a pattern of false alerts weakens the state’s claim.
Officers must also stay within the scope of the warrant. If the order allows them to look for drugs, they cannot pry open locked items that fall outside that purpose. They cannot enter rooms that were not part of the order unless new facts arise on the scene. If the court rules the search unlawful, every item taken from the home gets removed from the case. Guns. Cocaine. Cash. Tools used for distribution. Without that evidence, the state loses the core of the file. The endangerment count may fall as well because the state cannot describe the danger without those items.
Attacking Constructive Possession When Multiple People Live in the Home
Constructive possession applies when someone has the ability and intent to control an item, even if it is not in their hand. Simply living in the home is not enough. When two adults are charged, control becomes a central question. Homes have many rooms, and each room may hold different items. A gun in a basement may not be tied to someone who spends their time upstairs. Cocaine in a common area does not prove that both adults knew about it.
This issue becomes sharper when the state files endangerment charges against both defendants. A dresser in a child’s room may belong to one adult, while the other rarely enters that space. Ownership also matters. Homes can contain relatives, roommates, or guests. The presence of an item does not prove shared control.
Defending Against Child Endangerment Charges
Child endangerment requires proof that the child lived in the home. Prosecutors cannot rely on the layout alone. They must show the child slept there and spent time there during the period covered by the charges.
Police sometimes use phrases like “appeared to be a child’s room.” That kind of language opens the door to challenge. Bright colors or toys do not confirm recent use. A room may belong to a child who only visits occasionally. Timing becomes central. If the child had not been inside the home for weeks, the risk described by officers becomes remote. A room that simply looks like a child’s room does not meet the legal standard. The state must show that the child actually faced the danger.
Facing Drug and Gun Charges in Mercer County? Get Experienced Defense
Facing drug, gun, and endangerment charges at once creates a legal crisis that can alter the rest of a person’s life. Each charge carries a long term, and taken together they reach into ranges measured in decades. These cases demand counsel with real experience, not someone learning this work for the first time.
The Graves Act adds mandatory parole bars that are difficult to move past without a waiver. Securing that waiver requires preparation, negotiation, and familiarity with the steps prosecutors expect.
Drug-related gun cases in New Jersey repeat certain patterns, yet each county handles them in its own way. Mercer County follows its own process and has its own approach. A lawyer who understands the local practice can steer the case toward a more controlled outcome. A firm with years of experience in Graves Act waiver advocacy and drug-related weapons cases can bring order to a chaotic situation. Skilled negotiation can reduce exposure and open paths that keep the defendant’s future intact.
Facing stacked charges in Mercer County demands experienced defense. Our team handles Graves Act cases, drug charges, and child endangerment matters throughout New Jersey. Call (201)-614-2474 or contact us online for a free consultation.
Legally Reviewed By:
Travis J. Tormey, Esq.
Criminal Defense Attorney | New Jersey