NJ Gun Lawyers Near Me in Elizabeth, NJ
Second Degree Gun Charge Results in PTI Program thanks to the Tormey Law Firm
Our NJ gun crime defense attorneys have done it again. We represented a client from South Carolina who was charged with 2nd degree unlawful possession of a weapon in Elizabeth NJ in Union County. Our client is a contractor with no prior criminal history. He is a lawful gun owner in South Carolina where he legally purchased and possessed the weapon. However, he was flying out of NJ for business and had his weapon in the glove compartment (which is an illegal way to transport the weapon). Unfortunately, when he returned to NJ from his business trip, his motor vehicle had been burglarized. He called the police to report the burglary and they responded to the scene. When they did so, they realized that our client had the firearm in the glove compartment and he had to be charged with illegally possessing that weapon.
These cases are difficult because of the very strict gun laws in New Jersey. The typical plea offer, even for defendants with no prior criminal history, is 5 years in state prison, and 42 months to be served before becoming eligible for parole. Under the Graves Act, these types of offenses have mandatory prison time and parole ineligibility even for first time offenders. In order to avoid this, the Prosecutor’s office must agree to and apply for a Graves Act waiver to avoid these very severe penalties. In this case, we went to court for almost a year and fought for our client to be admitted into the Pre-Trial Intervention program (known as “PTI”). This is a first time offender probationary program that allows the defendant to avoid jail time and a felony conviction on their record if they successfully compete the probationary period.
Here, we were able to get our client into PTI for a period of 12 months. At the end of the probation, the felony charges against him will be completely dismissed. Six months after that, he can apply for an expungement to have the arrest removed from his record as well. This was a fantastic result for our client and the Tormey Law Firm LLC. If you need assistance and were arrested for a gun charge in NJ, contact us now for immediate assistance. We always provide a free initial consultation.