Monmouth County Firearm Attorneys

Weapons Lawyers Handling Gun Arrests, Charges, Permits, and Seizures in Freehold, New Jersey

Best Monmouth County Weapon Lawyers
Monmouth County Weapons Charges

New Jersey gun laws control your ability to legally purchase a firearm in Monmouth County and, if you’re accused of a firearms offense such as unlawful possession of a weapon or possession of a weapon for an unlawful purpose, now the Monmouth County Prosecutor’s office will handle its case against you. In any event, the gun law attorneys at the Tormey Law Firm are experienced and familiar with the aspects of the firearms laws in Monmouth County and they’re ready to help you with fighting allegations of a weapons related crime or assist you with obtaining a Firearms Purchaser Identification Card or Permit to Purchase a Handgun. In addition, if the authorities have seized your guns as the result of a domestic violence dispute, the knowledgeable Monmouth County weapons attorneys at the Tormey Law Firm are available to discuss your case and options with you. We represent clients throughout Monmouth County in gun and weapon matters, including in Freehold, Colts Neck, Keansburg, Belmar, Manasquan, Neptune, Wall Township, and Red Bank. Contact our offices now for immediate assistance 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:

“Exceptional Lawyer”
5.0 stars

Posted by anonymous

“Travis Tormey is an outstanding attorney. He helped me tremendously, more so than I ever could have imagined. He handled all aspects of my case with compassion, respect, and immense competence. He is a skilled and knowledgeable lawyer who truly fights for his client’s best interest. I highly recommend Travis to anyone looking for a fantastic lawyer.”

Monmouth County Guns and Weapons Charges

Basically, you can be charged with a criminal offense for violating any of the multitude of weapons laws contained in Chapter 39 of the New Jersey Criminal Statutes. The range of weapons offenses you can be charged with is wide, including those for illegally possessing weapons such as rifles, shotguns, handguns, and air guns, as well as possessing illegal weapons such as assault firearms. You may also find yourself arrested for unlawfully transporting a weapon, possessing it for criminal purposes, defacing a firearm, or having a ghost gun or the parts needed to make a homemade gun in your home or elsewhere in or on your property. In some cases, a major federal investigation targeting weapons trafficking will lead to a bust that implicates multiple individuals and heads to federal court, as opposed to the Superior Court in Monmouth County where most cases involving state-issued weapons offenses are handled.

No matter what, you can expect to be charged with a felony, also known as an indictable crime, if you are the defendant in a weapons case. Nearly every criminal charge involving guns and weapons in the NJ code is an indictable offense of either the first degree, second degree, third degree, or fourth degree. However, depending on the crime you are charged with and the quality and experience of your attorney, you may be able to get your charge downgraded and remanded to the local municipal court where the penalties are substantially lowered.

Some of the weapons charges filed against you in Monmouth County may include, but are not limited to:

MONMOUTH COUNTY CRIMINAL COURT HEARS AND DECIDES WEAPONS CASES

The New Jersey Superior Court, Monmouth County Criminal Division will handle any firearm related offenses brought against you by the Monmouth County Prosecutor’s office. The Criminal Division is located 71 Monument Park, Freehold NJ, 07728, is open from Mondays through Fridays from 8:30 a.m. to 4:30 p.m. and can be contacted at 732-677-4300. Click here for more information regarding the Monmouth County Superior Court Criminal Division. The Presiding Criminal Judge of Monmouth County is the Honorable David F. Bauman, P.J.Cr. and the Criminal Division Manager is Kristy Smith, who can be contacted at 732-358-8700 ext. 87418.

MONMOUTH COUNTY PROSECUTOR’S OFFICE

The Monmouth County Prosecutor’s office prosecutes weapons cases in the county and is located at 132 Jerseyville Avenue, Freehold NJ 07728 and can be reached at 732-431-7160. For more information on the Monmouth County Prosecutor’s office visit the link. They also agree to apply for Graves Act Waivers, which allow clients facing mandatory minimum sentences under the Graves Act to avoid those stringent requirements and potentially resolve their cases through Pre-Trial Intervention or probation.

Ways our Gun Lawyers Can Assist with Your Weapons Offense in Monmouth County

If you or a loved one has been charged with an offense involving guns or other weapons in Monmouth County NJ, we can help. Our experienced Monmouth County firearms defense lawyers have literally represented hundreds of clients in your situation with tremendous results. When you hire us, our gun defense attorneys represent your interests in a criminal weapons proceeding from start to finish. We explore possible defenses to the state’s charges as we investigate the evidence of what happened before, during, and after an arrest.

Depending on the facts, we can frequently detect unlawful behavior by law enforcement and then further investigate to find evidence supporting potential motions to suppress evidence the police obtained due to violations of your rights. We will also carefully review the state’s discovery to find unreliable evidence, discreditable witnesses, or other leads to investigate in weakening the case against you. You have the right to examine the state’s evidence against you, which you might not know without the help of a weapons defense lawyer with the background and skill to go the extra mile in finding your best defense.

You also have the right to cross-examine the state’s witnesses, which our attorneys are fully prepared to do should your case be decided at a trial by a jury of your peers, another constitutional right. As such, we will join the prosecution to pick juries that can be fair and impartial. To ensure you are treated fairly, our lawyers will expose any biases or mistakes that the prosecution’s witnesses reveal during trial. The U.S. Constitution also guarantees the right to a speedy trial, which our team can and will aggressively assert to avoid the prosecution’s delays. We may also waive this based on the circumstances to allow more time to build a strong defense. Regardless, we are tirelessly dedicated to protecting your rights at all phases of the criminal proceeding.

We Deliver Results in Monmouth County Weapon Cases

In fact, here is a case we handled for a client recently in Monmouth County. Our client was a truck driver and Ohio resident who legally purchased his weapon in Ohio but was not transporting the weapon legally when he was pulled over and arrested in New Jersey. As a result, he was arrested and charged with 2nd degree unlawful possession of a weapon which is punishable by 5-10 years in prison in New Jersey even if you have no prior criminal record. In addition, under the Graves Act, a defendant is subject to mandatory prison time and a period of parole ineligibility. For example, the typical plea offer for a first time offender caught with an illegal gun in NJ is 5 years in prison, 42 months to be served before becoming eligible to be released on parole.

In this case, our client had no prior criminal record and had legally purchased the weapon in Ohio. Thus, we submitted a compelling reasons package in support of a Graves Act waiver to try to get the client into a first time offender program known as Pre-Trial Intervention or “PTI”. This is a program reserved for first time offenders who have never been in any trouble before. It is usually reserved for lower level felony crimes in NJ (third or fourth degree). However, in certain scenarios like this one, a defendant may be able to get PTI on a 2nd degree unlawful possession of a weapon charge in NJ. PTI is a fantastic option in these cases because the defendant avoids the mandatory jail time and a felony record if they successfully complete the PTI probation – the charges are dismissed.

We gathered all of the supporting evidence to submit in our PTI mitigation package which included the following:

  • Legal documents for purchase of weapon in Ohio (receipt)
  • Any gun permits the client has from his home state or other states
  • Proof of employment
  • Travel documents (why he was in New Jersey)
  • Character letters and references

Once the assistant prosecutor receives the mitigation package, they will review it and then discuss it with the supervisors in their office to determine whether or not they will accept the client into the PTI program. Luckily, in this case, they agreed.

Then, we applied the client for PTI and did a PTI interview with probation. A PTI application fee of $75 must be paid. NOTE: A defendant can not even apply for PTI on a 2nd degree charge unless the prosecutor consents to the application.

The probation department will consider the PTI application and the PTI mitigation package we submitted and make a recommendation to the prosecutor’s office whether or not they think the defendant is a good candidate for PTI. However, it is ultimately up to the prosecutor’s office who has the final say about whether or not a defendant will be allowed into the PTI program. If the PTI application is denied, a defendant can file a PTI appeal and argue to the Judge that the State abused their discretion when denying their PTI application.

In this case in Monmouth County, our client was accepted into the PTI program. When he successfully completes the PTI probation, his charges will be completely dismissed. He can only use a diversionary program like this once in his life. This was a tremendous result for our client and the Tormey Law Firm LLC.

Weapons Seized for Domestic Violence in Monmouth County NJ

The Monmouth County Prosecutor’s Office’s Family Division is responsible for handling domestic violence issues and related firearms forfeitures. If your firearms were seized in connection with a domestic violence incident, the Family Division will conduct an investigation to assess the appropriateness of returning your weapons. To learn more about the Monmouth County Prosecutor’s Office Family Division, click here.

If a temporary restraining order (TRO) was filed against you in Monmouth County and your guns were seized, the Monmouth County Prosecutor’s office will take custody of those guns. Then, if the temporary restraining order (TRO) becomes final, you are prohibited from owning or possessing weapons in the future. You may be able to negotiate a sale of the weapons or a transfer to another person. If the TRO was dismissed, your weapons will not be automatically returned to you. The Prosecutor’s office will decide if they will return the weapons to you, or if they will file a forfeiture action in the Monmouth County Superior Court (this must be done within 45 days of the seizure of the weapons).

If they file a forfeiture action, you can hire an attorney to represent you at this hearing in court. We have represented numerous clients in your situation and are available now to assist with and provide a free initial consultation.

APPLYING FOR A FIREARMS IDENTIFICATION PURCHASER CARD, PERMIT TO PURCHASE A HANDGUN, OR HANDGUN CARRY PERMIT IN MONMOUTH COUNTY

If you are a resident of Monmouth County, you can apply for a firearms purchaser identification card, permit to purchase a handgun, or handgun carry permit at your local police department or submit your application to the Chief of the New Jersey State Police. For information about each of the police departments in Monmouth County, click here. To learn more about the gun permit application process, visit our Gun Permit Process in NJ page.

Appealing a Denied Gun Permit Application in Monmouth County NJ

If you applied for a gun permit in Monmouth County and your application was denied, you have the right to appeal. This appeal must be filed in writing within 30 days and be served upon the Monmouth County prosecutor, the superintendent of NJ state police, and the chief of police in the town where you live. The Court will then set a date for an appeal hearing at the Monmouth County Superior Court and this hearing is usually scheduled within 30 days of the appeal being filed. Our experienced gun permit appeal lawyers can represent you at this hearing. Contact us anytime for a free consultation and immediate assistance.

If you receive your Firearms ID Card or Handgun Purchaser Permit, there are Many Places in Monmouth County to Buy Guns

There are a number of retailers in Monmouth County to contact or visit if you’re interested in purchasing a handgun, rifle or shotgun, some of which include:

Talk to a Monmouth County Gun Lawyer Without Delay

If you are facing gun charges or weapons charges in Monmouth County, you need to talk to an experienced and aggressive defense attorney as soon as possible. Our lawyers can get involved in the moments after your arrest, represent you at a pre-trial detention hearing to fight for your release, and protect your rights at every stage of the process that lies ahead with an eye towards your best defense. Also, if you need help with a weapons forfeiture issue arising out of domestic violence or an extreme risk protective order, we are fully tasked with fighting for your Second Amendment Rights.

Perhaps you need help applying for a gun permit, your permit application has been denied, or you want to put yourself in the best position to get it approved by expunging your criminal record or getting your mental health records expunged. We have the experience and knowledge of the law in this area that is simply unparalleled by other firms. No matter what, we fight for you and we are passionate about delivering the top outcomes to our clients. Contact our weapons lawyers today at (201) 614-2474 for legal guidance and representation when you need it most. We provide 24/7 free consultations to best serve your needs.