Weapons Charges Following Traffic Stops on the NJ Turnpike
What Gives Police the Right to Pull You Over on the New Jersey Turnpike?
Routine traffic stops are usually conducted as a result of alleged illegal lane changes, speeding, unsafe driving, etc. Reasonable suspicion is what the officer needs in order to pull you over. It is a legal standard used throughout the United States, and in New Jersey it allows law enforcement to stop vehicles briefly. The officer needs “reasonable suspicion” that you committed a crime, will commit a crime, or are currently committing a crime. The stop must be based on a specific and articulable fact that the person in the vehicle is involved in a crime (traffic violation or indictable offense). The facts articulated by the officer can be based on observation.
Clarifying Vehicle Search Limits after NJ Turnpike Traffic Stops
One of the many beautiful things about this country is the United States Constitution, specifically, the first ten amendments. The first ten amendments protect us from the government and those acting on behalf of the government. A very popular and useful amendment is the Fourth. The Fourth Amendment protects us from unlawful searches and seizures. You do not have to consent to search, but if the police officer pulling you over has probable cause that a crime has been committed there are certain exceptions to the Fourth Amendment that the officer may use. For example, if there is contraband in plain sight the officer can use this as grounds to search the vehicle.
If a police officer has reasonable suspicion that a crime has been committed and that evidence of the crime exists inside the vehicle, the officer can search the vehicle. However, the search is limited to areas of your vehicle that could logically and reasonably contain contraband related to the crime being investigated by the officer. For example, if the officer pulls you over for not wearing your seat belt, that is the “crime” he is investigating. Without more probable cause, the officer cannot search your trunk for weapons, because the seat belt is not in the trunk, it is next to you in the driver’s seat. The officer may also do a protective search if he believes there is a dangerous weapon in the vehicle, or he or she may search if the facts suggest the public is at risk or evidence may be compromised.
Do I Have to Tell the Officer if There is a Gun in my Car?
You may be wondering, what happens if I am pulled over and I have a gun in my vehicle? Do I have to tell the officer? In New Jersey, you are obligated to tell the officer you have a weapon in the vehicle. If you are in possession of a weapon in your vehicle during a traffic stop, informing the officer of your lawfully obtained weapon is the law. However, if the firearm is unlawfully obtained or possessed, informing the officer does not protect you from charges for unlawfully possessing a weapon.
If your gun is unloaded, separated from the ammunition in a locked area, you are allowed to transport the gun in your car. However, you must be en route to a shooting range, hunting range, or another authorized location, or you have a permit to carry the gun. You must also avoid making any unreasonable deviations in your route.
What Happens After a NJ Turnpike Stop Leads to Gun Charges?
In New Jersey, Section 39 in Title 2C of New Jersey Statutes Annotated contains a multitude of crimes and offenses that are weapons related. The more common ones are possessing a firearm without a valid permit or possessing a prohibited weapon such as a machine gun, defaced weapon, or destructive device. It’s also a crime to be using a weapon for an unlawful purpose.
Criminal Exposure to Penalties for a Gun or Weapon on the Turnpike in New Jersey
Weapons related offenses carry significant penalties. Unlawfully possessing a handgun in New Jersey is a crime of the 2nd degree, which carries a penalty 5 to 10 years and up to $150,000. Having a weapon for an unlawful purpose can be a second degree, third degree, or fourth degree crime based on the specific weapon. A third degree gun charge carries a sentence of 3 to 5 years and up to $15,000 in fines; and for 4th degree weapons offense, exposure is up to 18 months incarcerated and fine amounting to $10,000. Other illegal weapons like assault weapons also lead to severe ramifications, as these are second degree crimes. Illegal ammunition could also lead to charges for a crime of the fourth degree and the associated punishments.
Notably, The Graves Act mandates minimum sentencing for certain gun crime charges and requires those convicted of these crimes to serve either 42 months or half of their sentence before being considered for parole. The No Early Release Act (NERA) mandates that 85 % of a sentence must be served before being eligible for parole. Whether these enhanced requirements apply will depend on the facts of your case and the charges filed.
Contact The Tormey Law Firm for Defense in the Aftermath of a NJ Turnpike Traffic Stop Leading to Gun Charges
If you are charged with a crime that involves a weapon or firearm on the New Jersey Turnpike, it is important to hire an attorney who has the relevant experience. Getting a seasoned attorney at The Tormey Law Firm can prove to be vital in securing your freedom. Our talented and well-versed NJ gun lawyers may also be able to help get a waiver of any charge that qualifies for the Graves Act. We have a team of experienced firearm and weapons defense attorneys who may also be able to show either the police did not do their job correctly, or that you were wrongfully charged, in order to get a complete dismissal of your case.
If a dismissal is not available, then we may be able to negotiate a plea deal, in which you would plead to a downgraded, or lesser, offense to minimize the amount of time you will spend incarcerated or avoid you going to jail entirely. Either way, you cannot afford to hire anyone other than an attorney experienced in gun-related matters. That’s why The Tormey Law Firm is quite frankly, the choice you want to make when so much is on the line. Contact us about your gun charge on the NJ turnpike in Edison, Weehawken, Carteret, East Rutherford, Woodbridge, Mount Holly, Linden, Hoboken, East Brunswick, Woodbridge, or another municipality in New Jersey. Speak to a lawyer in a free consultation to begin navigating the system with confidence. Call (201)-614-2474 for a free consultation.