Arrested for a Gun Charge in Rahway

“In this case we represented an out of state resident (Pennsylvania) who was arrested in Rahway for having her gun in New Jersey without a proper permit. This is a 2nd degree charge punishable by 5-10 years in jail with mandatory prison time and parole ineligibility. Luckily, we convinced the prosecutor to allow her into the PTI program which avoided jail and even the felony charge on her record.”

Illegal gun possession in Rahway NJ
Rahway gun charge defense

Have you or a loved one been charged with illegal gun possession in Union County and you need a lawyer? We can help.

Our client was charged with 2nd degree unlawful possession of a weapon in Rahway, New Jersey, so her felony offense case was heard in the Union County Superior Court. She has no prior criminal history and is a resident of Pennsylvania and a legal gun owner there. Unfortunately, she was married and leaving for her honeymoon from Newark airport and forgot that she had her firearm in her luggage. She was arrested at the airport and charged with second degree unlawful possession of a handgun without a permit in violation of N.J.S.A. 2C:39-5(b)(1).

When we appeared in court in Elizabeth, her initial plea offer was five (5) years in prison, 42 months to be served before the possibility of parole. Unfortunately, under the Graves Act, there is mandatory prison time and parole ineligibility even for first time offenders. We rejected this plea offer and the case was presented to the Grand Jury for an indictment.

When we appeared in court again for her arraignment, we discussed the facts and circumstances with the prosecutor and applied for the Pre-Trial Intervention (PTI) program. This is a first time offender program where the defendant is placed on probation and, when they successfully comply with the terms of their PTI program, the charges are dismissed at the end of the probationary period. However, PTI is very difficult to get in a gun case and is only permitted in very rare instances.

We submitted a compelling reasons package to the prosecutor, arguing for a Graves Act waiver and in support of our client’s PTI application. This packet included her gun permit information from Pennsylvania, her flight itinerary showing she was leaving for her honeymoon, character letters and references from her co-workers, family, and friends, etc. This package persuaded the prosecutor to agree to the Graves Act waiver and to accept her into the PTI program.

Rahway Illegal Gun Charge Defense Lawyers

This was a fantastic result for our client and the Tormey Law Firm LLC. She will not only avoid any jail time but she will also avoid any felony conviction on her record when she successfully completes PTI probation. If you or a loved one needs assistance with a gun charge in Rahway or nearby towns in central New Jersey, contact us now for immediate assistance. The initial consultation is always provided free of charge.