Passaic County Gun Law Attorneys

Aggressive Weapons Defense Lawyers with Proven Results in Paterson, New Jersey

Guns and Weapons Lawyers With Proven Results in Passaic County NJ

There are a plethora of reasons why you may find yourself involved with a gun-related issue in Passaic County, New Jersey. You may have been charged with a criminal weapons offense, which requires you to appear in the Criminal Division of the Passaic County Superior Court. Or perhaps you were accused of an act of domestic violence and authorities confiscated your weapons. You may need to address this matter with the Passaic County Prosecutor’s Office’s Domestic Violence Unit. Or maybe you filed your application for a Permit to Purchase a Handgun, Firearms Purchaser Identification Card, or Permit to Carry a Handgun in Passaic County, and it was denied. If you choose to seek an appeal, your hearing will be held in the Passaic County Superior Court. The potential situations are vast and varied; however, a knowledgeable New Jersey weapons attorney can help you to successfully address any of these matters. At The Tormey Law Firm, we do just that. We represent clients throughout Passaic County including in Paterson, Woodland Park, Little Falls, Totowa, Clifton, and Wayne.

With a team of seasoned criminal defense attorneys, former gun prosecutors, and a former member of the Morris County Prosecutor’s Office’s Weapons Forfeiture Unit, we have the knowledge and experience to achieve superior results in a wide range of gun-related matters for clients in Passaic County and throughout New Jersey. To discuss your current circumstances and find the answers you need to move forward, contact our offices at (201)-614-2474 for a cost-free consultation.

Here is a review from one of the many satisfied clients of the Tormey Law Firm LLC:

“Excellent at getting best outcome”

5.0 stars

“Travis is very responsive and excellent at achieving the best outcome. He is extremely professional and I credit him for negotiating in a manner that greatly reduced my charges.” – Posted by anonymous

Passaic County Firearms and Weapons Crimes We Defend

Some of the most common weapons charges issued in Passaic County that we defend to help clients avoid prison time and a criminal record if possible:

The charges and penalties for weapons crimes range from first to fourth degree crimes. That means anywhere from 18 months in prison to 20 years for a conviction and thousands of dollars in fines. For example, illegally possessing a handgun is a second degree crime with up to 10 years in prison among the possible consequences. On the other hand, possessing a rifle unlawfully is a third degree charge punishable by up to 5 years of imprisonment. Other weapons, such as high capacity magazines, can lead to fourth degree charges and a maximum of 18 months of incarceration upon conviction.

Passaic County Gun Charges are Usually Issued on a Warrant

If you or a loved one has been charged with illegal gun possession in Passaic County NJ, these criminal charges will usually be issued on a warrant, as opposed to a summons, and the defendant will be taken to the Passaic County jail. The defendant’s bail will then be reviewed within 24-48 hours. At that bail hearing, the Passaic County Prosecutor’s office must make a decision: to release the defendant with a court date or to move for detention asking the Judge to hold the defendant while the case is going on. If they move for detention, the defendant will be held in the jail and a detention hearing will be scheduled within 5 days.

Getting out of Jail at a Passaic County Detention Hearing

At the detention hearing in the Passaic County Superior Court, the Prosecutor will argue that the defendant is a flight risk and a danger to the community and he or she should be remanded to the jail for the pendency of the case. The defense will argue that the defendant should be released with conditions, that they are not a flight risk, and they are not a danger to the community. The probation department will create a public safety assessment (known as a “PSA”), a risk assessment scale, which grades the defendant on a scale of 1 to 6 as a flight risk and danger to the community. The best scoring being a 1/1 and the worst score being a 6/6. The Judge is not bound by this scale or probation’s recommendation to either release the defendant with certain conditions or remand them.

NJ has done away with cash bail. As a result, a defendant can be released with certain conditions including the following:

Phone reporting
In-person reporting
House arrest
Ankle Bracelet
Curfew

How Our Lawyers Can Help You Fight Passaic County Gun Charges

Fighting gun charges in New Jersey is often an uphill battle. The state’s gun laws aim to punish violators for a long time, and state prosecutors take a firm stance against defendants facing weapons charges. When your arrest for firearms or weapons charges has you seeking help, find a strong gun defense lawyer and advocate for your rights by contacting our team at The Tormey Law Firm as soon as possible. Anyone charged with weapons offenses will need a talented gun lawyer to strategize the best defenses to the charges, such as the following:

No possession: The state cannot convict you of a firearms possession charge when you never had the subject gun of the prosecution. A criminal defense attorney on our team can then present evidence that you did not have the firearm in question or raise doubt about the prosecution’s assertion that you had the gun.
Legal possession: Sometimes, our attorneys can show you lawfully bought and owned your firearm as a defense to unlawful possession of a weapon.
Self-defense: Providing proof that you were defending yourself or someone else by pointing the gun at someone is often a viable way to defeat a brandishing a firearm or assault with a deadly weapon charge.
Procedural issues: Unlawful police searches and seizures may render some key evidence inadmissible at trial, which may defeat the state’s case. Violations of your constitutional rights anywhere along the investigative process may support a motion to suppress evidence at a trial. For example, failing to read your rights may violate your constitutional rights, so any admissions you make during a police interrogation may be inadmissible evidence. Also, issues with the chain of custody involving any evidence, such as the gun or other weapon involved, can be raised to get this key evidence thrown out. When the evidence gets suppressed, that means the prosecution can no longer use it against you at trial. This often makes their case too flimsy to prove beyond a reasonable doubt, which could lead to a better plea agreement or even the charges being dismissed outright.
Plea agreements: Prosecutors frequently offer plea agreements to save the time and expense of a trial. Our weapons lawyers can negotiate with the prosecutor to get you reduced charges or a lighter sentence in exchange for a guilty plea.
Pre-trial Intervention: Criminal defense lawyers such as ours can also help you enter the Pre-Trial Intervention Program for first-time offenders. If you qualify for the program, you can serve your sentence without incarceration by fulfilling the terms of a probationary-like diversion program aimed at preventing further crime. The prosecutor must agree to admit you into the program. Once you finish the program without violating the terms, your charges get dismissed.

Passaic County NJ Gun Cases, Plea Offers, and Graves Act Waivers

Unfortunately, NJ has some of the most strict gun laws in the United States. The Graves act governs gun charges here which requires mandatory prison time and parole ineligibility even for first time offenders. The typical plea offer on a 2nd degree unlawful possession of a weapon charge in Passaic County is 5 years in prison, 42 months before the defendant becomes eligible for parole. In some cases, the prosecutor will apply for a Graves Act waiver and lower the plea offer to 3 years in prison, 1 year without parole. In other cases, they may even be willing to lower the plea offer to non-custodial probation, meaning no jail time but a felony on the defendant’s record.

Can I get PTI on a Passaic County gun charge?

In some cases, yes. It depends on the circumstances of the arrest, the degree of the charges, and the prior criminal history of the defendant (if any). PTI is a first time offender program for defendant’s who have never been in trouble before and have never used a diversionary program before. PTI is usually reserved for lower level felony offenses like 3rd and 4th degree crimes. However, in certain rare cases, you might be able to get PTI on a 2nd degree gun charge. It is important to remember, however, that you can’t even apply for PTI without the consent of the prosecutor because it is a 2nd degree felony offense.

Passaic County Superior Court Information

If you have been charged with a criminal weapons offense in Passaic County, you will be required to appear in the Passaic County Superior Court, Criminal Division. The Passaic County Superior Court is located at 77 Hamilton St, Paterson, New Jersey, 07505. The main court office is open Monday through Friday from 8:30 a.m. to 4:30 p.m. and can be reached at 973-653-2910. For additional information about the court, access the Passaic County Superior Court website. The presiding judge in the criminal division is the Honorable Marilyn C. Clark, PJC. The division manager is John J Harrison. The division can be reached directly at 973-653-2910 ext. 24300.

Passaic County Prosecutor’s Office Details

If you have been charged with a criminal weapons offense in Passaic County, your case will be prosecuted by a member of the Passaic County Prosecutor’s Office. The Passaic County Prosecutor’s Office is located at 401 Grand St #7, Paterson, New Jersey, 07505. The office can be reached at (973) 881-4800. For additional information, access the Passaic County Prosecutor’s Office’s website.

Passaic County Domestic Violence Unit

The Passaic County Prosecutor’s Office’s Domestic Violence unit is responsible for handling all weapons forfeiture matters that arise from domestic violence incidents. In other words, if your weapons were seized in connection with a domestic violence incident, this unit will conduct an investigation to assess the appropriateness of returning your weapons. They will also represent the State in weapons forfeiture hearings.

My guns were seized after Domestic Violence Incident in Passaic County, Now What?

If a restraining order was filed against you in the Passaic County Family Division, your guns were seized. If the restraining order becomes permanent then your weapons can not be returned to you. However, if the temporary restraining order (TRO) is dismissed then the guns can possibly be returned but not automatically. The Passaic County Prosecutor’s office must make a decision on whether to return the guns to you or to file a forfeiture action in court. This forfeiture must be filed within 45 days. The hearing must then be held within 45 days of the forfeiture action being filed.

How to Get a Firearms Permit in Passaic County NJ

If you are a resident of Passaic County, you can apply for a gun 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 municipalities in Passaic County and their associated police departments, click here. To learn more about the gun permit application process, visit our Gun Permit Process in NJ page.

My Gun Permit was Rejected in Passaic County, Can I Appeal?

If you applied for a gun permit in Passaic County and it was denied, we can help. You must file an appeal in writing within 30 days to the Passaic County Prosecutor’s office, the Superintendent of NJ State police, and the Chief of police in the town in which you live. The Court must then set a date for the appeal hearing, which must be held within 30 days of the receipt of your request.

Shooting Ranges in Passaic County NJ

If you are searching for a shooting range in Passaic County, Gun for Hire is a local range located at 1267 McBride Ave, Woodland Park, New Jersey, 07424. They can be reached directly at 888-Gun For Hire (888-486-3674) or via email at info@GunForHire.com. You can also visit their website at GunforHire.com for additional information.

Frequently Asked Questions (FAQ) Regarding Passaic County NJ Gun Charges

FAQ: Am I facing mandatory jail time on a first offense gun charge in Passaic County NJ? Yes, in most cases. The Graves Act requires mandatory prison time and parole ineligibility even for first time offenders who are convicted of possessing a gun in NJ. The typical offer we see is 5 years in prison, 42 months without parole. Even if the State agrees to a Graves Act waiver, that usually lowers to offer to 5 years in prison, 1 year without parole.

FAQ: Is it possible to avoid the mandatory jail time? Yes, it’s possible. Sometimes we are able to get the charges dismissed on an illegal search based on a motion to suppress. In other cases, we are able to negotiate for the Pre-Trial Intervention (PTI) program or non-custodial probation.

For a free consultation regarding your guns or weapons matter in Passaic County, contact our law offices at (201)-614-2474 today. One of our highly knowledgeable Passaic County gun charge lawyers is available to immediately assist you.