Jersey City Gun Charge Dismissed Thanks to the Tormey Law Firm
Gun Charge Attorneys Near Me in Hudson County, New Jersey
Need to fight a gun charge in Hudson County? You’ve come to the right place. Here is a case we handled in 2017 where the gun charge was completely dismissed by the Judge based on an illegal search: all thanks to the Tormey Law Firm LLC.
Christopher Perry, Esq. of the Tormey Law Firm LLC recently represented a client who was charged with Unlawful Possession of a Handgun, a 2nd degree criminal offense. Our client was charged after a police officer stopped our client’s vehicle for an equipment violation. During the traffic stop, the officer was able to see several prescription pill bottles inside the vehicle, leading him to believe that there might be illegal drugs in the car. The officer also stated that our client appeared to be very nervous and under the influence of drugs. Our client was forced to exit his vehicle and searched. The officer also searched our client’s vehicle for contraband, whereupon he discovered that the pill bottles were legally prescribed to our client. However, even after discovering that the prescriptions were legal, the officer continued to search closed compartments inside the car. During that continued search, the officer found an unloaded handgun in the glove compartment of the vehicle.
Second Degree Unlawful Possession of a Weapon – 2C:39-5
Unlawful Possession of a Handgun is a crime of the 2nd degree in New Jersey, carrying a sentence of 5 to 10 years in New Jersey State Prison upon conviction. The offense also falls within a portion of New Jersey law known as the Graves Act, which applies to certain weapons possession offenses. Under the Graves Act, a conviction for a 2nd degree offense requires a minimum sentence of 42 months in prison before becoming eligible for parole. What this means is that our client was facing a minimum of 3 ½ years and up to 10 years in prison on the single offense with which he was charged. The plea offer in this case, as in most firearms cases in NJ, was 5 years in prison, 3 years to be served without the possibility of parole.
After reviewing the discovery provided by the State, Mr. Perry filed a motion to suppress evidence seized during the traffic stop due to the fact that the officer conducted the search of our client’s car without a warrant and without a legal justification to do so. Mr. Perry and the prosecutor submitted legal arguments to the Judge before having a hearing (known as a “motion to suppress evidence”) where the officer testified. Following that hearing, the Judge agreed with our position that the search was conducted illegally and ordered the evidence to be suppressed. Without the gun in evidence, there was no way for the prosecutor to proceed with the charge, and the indictment against our client was dismissed.
Local Hudson County Gun Charge Attorneys – Free Consultations
If you or a loved one needs assistance with a firearms charge in Hudson County NJ, contact out offices not for immediate assistance. The initial consultation is always provided free of charge.