Loaded Handgun Charges in Madison NJ and How to Get them Dismissed

Arrested for a Loaded Gun Madison NJ local attorneys
Local Madison Defense Lawyers for a Loaded Gun

Charged with a gun offense in Madison NJ? Looking for the best defense to your charges? Contact us now.

The Morris County NJ gun charge attorneys at the Tormey Law Firm LLC recently represented a client who was charged with second degree unlawful possession of a weapon for allegedly having a loaded handgun under the passenger seat in her vehicle when she was traveling through Madison, New Jersey. Our client had no prior criminal history and was held responsible for her boyfriend’s weapon that was found under the seat of her vehicle (he is a registered bounty hunter). She, as a resident of Pennsylvania, did not have a permit to have that weapon in New Jersey and was facing 5-10 years in state prison with a presumption of incarceration, even for a first time offender. The typical offer on these Graves Act gun charges is 5 years in New Jersey State prison, 42 months to be served without the possibility of parole.

We spoke to the Morris County Prosecutor’s office and put together a mitigation package with employment records, character letters, permit information from her home state. We also applied her for the Pre-trial Intervention program (known as “PTI”). The State agreed to give her PTI for a three year term, with special conditions that she forfeit the firearm and her carry permit from her home state.

This was a great offer considering she was facing a permanent felony on her record and 42 months in prison before she could be released on parole. With PTI, when she successfully completes the 3 year probation, the charges will be completely dismissed so she will avoid a felony on her record and she will also avoid any jail time. She will also be eligible to file an expungement to remove the arrest from her record six months after she finishes the PTI program.

In order to gain admission into PTI on a gun charge in NJ, you must have the prosecutor’s permission to apply. Then, you must submit a mitigation package with your application when you are interviewed by a probation officer.

In order to complete PTI, she must comply with the standard conditions of her probation as well as any special conditions. Standard conditions usually include remaining arrest free, maintaining gainful employment (or actively searching), allowing probation to search your residence at any time, not moving out of State without the permission of your probation officer, etc. Some special conditions of PTI can include forfeiture of the weapon and permit (if applicable), community service, drug and alcohol testing, mental health evaluation and counseling, etc.

Need a Lawyer for Madison NJ Gun Case

This was a tremendous result for our client and the Tormey Law Firm LLC. If you or a loved one needs assistance with a firearms issue in Madison, New Jersey, contact our offices anytime for a free initial consultation at (201)-614-2474.