Question 1

What should I do if I'm arrested with a gun in New Jersey?

Accepted Answer

Immediately invoke your right to remain silent and request an attorney. Do not answer any questions about the firearm, where you were going, or whether you knew it was illegal. Refuse consent to any searches of your vehicle, bags, or person. Stay calm, be polite, but do not provide statements without your lawyer present. Anything you say can be used against you in court, even if you think it sounds harmless.

Question 2

Am I going to jail for a gun charge in New Jersey?

Accepted Answer

You are facing potential jail time with a gun charge in New Jersey. Whether you actually go to jail depends on several factors: the degree of charges filed against you, your prior criminal history, the strength of evidence, and the defense strategies available in your case. Second-degree charges carry mandatory minimum sentences under the Graves Act, though waivers may be available. An experienced attorney can fight for alternatives like PTI, reduced charges, or case dismissal.

Question 3

Is unlawful possession of a weapon a felony in New Jersey?

Accepted Answer

Yes, unlawful possession of a weapon in New Jersey is classified as a second-degree indictable offense (the equivalent of a felony in other states). This charge carries a prison sentence of 5 to 10 years and is subject to the Graves Act, which imposes mandatory minimum sentences with no parole eligibility. Even first-time offenders with no criminal history face significant prison time without effective legal representation.

Question 4

Can I get PTI for a gun charge in New Jersey?

Accepted Answer

PTI (Pre-Trial Intervention) is possible but difficult for gun charges, especially second-degree offenses. Admission to PTI requires prosecutor consent, and prosecutors are often reluctant to approve PTI for handgun cases. For second-degree charges, PTI requires you to enter a guilty plea before admission, which can trigger deportation proceedings and create serious immigration consequences for non-citizens. An experienced attorney can evaluate whether PTI is appropriate for your specific case and explain all potential consequences.

Question 5

What is the Graves Act in New Jersey?

Accepted Answer

The Graves Act is a New Jersey law that mandates minimum prison sentences for certain gun crimes, typically 42 months (3.5 years) for second-degree offenses. During this mandatory minimum period, defendants are ineligible for parole and must serve the time day-for-day. However, Graves Act waivers are possible with the prosecutor's consent, which can result in reduced sentences or alternative sentencing options. Obtaining a waiver requires skilled legal representation and a strong case presentation.

Question 6

What if my gun was legally purchased in another state?

Accepted Answer

Even if your gun was legally purchased and registered in another state, you can still face serious felony charges in New Jersey. New Jersey does not recognize most out-of-state carry permits, and possession of a handgun without a valid New Jersey permit is a second-degree crime. Legal ownership elsewhere provides no protection under New Jersey law. Many out-of-state gun owners are arrested at traffic stops or when traveling through New Jersey, completely unaware their legal firearm has become contraband.

Question 7

Can evidence be thrown out in my gun case?

Accepted Answer

Yes, evidence can be suppressed if there were constitutional violations during the stop, search, or seizure. If police conducted an illegal traffic stop, searched your vehicle without probable cause or consent, or violated your Fourth Amendment rights, the firearm and related evidence may be excluded from trial. An experienced gun defense attorney will review all dashcam footage, body camera video, police reports, and dispatch logs to identify violations and file motions to suppress illegally obtained evidence.

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