New Jersey Firearms Charge Defense Attorneys – Fight an Illegal Search

With offices in Morristown, New Jersey

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.