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Fighting a Consent Search in NJ Gun Cases

New Jersey Firearms Charge Defense Attorneys – Fight an Illegal Search

With offices in Morristown, New Jersey

Fight Unlawful Search Firearms Arrest NJ
Fight Illegal Search NJ Gun Lawyers

The firearms defense attorneys at the Tormey Law Firm LLC represent clients charged with unlawful possession of a weapon, possession of a weapon for an unlawful purpose, and unlawful disposition of a weapon in Morris County, Bergen County, Passaic County, Essex County and throughout New Jersey. In fact, several of our defense lawyers are former county prosecutors who used to prosecute gun cases for the State of New Jersey. Now, they use their experience and expertise to defend our clients facing these same offenses. In addition, our managing partner, Mr. Travis J. Tormey, recently was recognized as one of the top 10 criminal defense lawyers in the State of New Jersey and he has received the AVVO clients choice award four straight years. For more information regarding your firearms related issues, contact our offices anytime at (201)-614-2474. The initial consultation is always provided free of charge.

Here is a review from one of the many satisfied clients of the Tormey Law Firm LLC:

“I was extremely happy with the performance, support and professionalism of Travis Tormey in my son’s recent court case. Before we even hired him he consulted with us via telephone and spent a considerable amount of time answering our questions and giving us additional information. Once hired, he was truthful at all times at what my son was up against. Travis truly worked to secure what was in my son’s best interest. He got charges reduced and fines lessened. I have gone on to recommend Travis to 2 other friends who have been just as happy with him.” 5 stars – Ellen

Filing Motions in NJ Gun Cases: Challenging the “Consent Search”

One of the possible ways to challenge a gun charge in New Jersey is to file a motion to suppress the seized evidence based on an illegal warrantless search. If police searched your vehicle or your home without a search warrant, then one of the valid exceptions to the warrant requirement must apply or else the search was illegal. For example, if the weapon was in “plain view” in your motor vehicle, this is a valid exception to the warrant requirement. In addition, if you consented to the search of your motor vehicle, this would be a valid exception to the warrant requirement.

However, a “consent search” is not always so simple. In order for the State to show that the consent search was valid, they must show that it was “knowing and voluntary”. This means that the owner of the vehicle knew their rights and voluntarily allowed the officers to search their vehicle. Moreover, this consent should usually be given in writing. On that consent form, the officers must advise you that you have the right to refuse to consent to the search. If all of these elements are not present, then the search may not be valid and a motion should be filed to challenge the search. Finally, the person must be in their right mind to be able to consent. For example, if a driver is severely intoxicated and unable to even sign the consent to search form then they are clearly unable to knowingly and voluntarily waive their rights and consent to a search of their motor vehicle.

Fight an Illegal Search with NJ Gun Lawyers at the Tormey Law Firm

For more information regarding the facts of your case, contact our offices anytime for a free initial consultation at (201)-614-2474.

Request a Free Consultation

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