[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.njcriminaldefensefirm.com\/blog\/client-facing-gun-charge-out-of-bridgewater-accepted-into-pretrial-intervention-program\/#BlogPosting","mainEntityOfPage":"https:\/\/www.njcriminaldefensefirm.com\/blog\/client-facing-gun-charge-out-of-bridgewater-accepted-into-pretrial-intervention-program\/","headline":"Client Facing Gun Charge out of Bridgewater Accepted into Pretrial Intervention Program","name":"Client Facing Gun Charge out of Bridgewater Accepted into Pretrial Intervention Program","description":"Earlier this year Keith Oliver Criminal Law was retained to represent an individual who unfortunately found himself starring down the barrel of one of New Jersey\u2019s unforgiving gun laws. A typical sentence for a gun charge in New Jersey will require not only a mandatory State Prison sentence but a mandatory parole ineligibility period as […]","datePublished":"2021-06-25","dateModified":"2025-01-28","author":{"@type":"Person","@id":"https:\/\/www.njcriminaldefensefirm.com\/blog\/author\/njcriminaldefensefirm\/#Person","name":"Keith Oliver Criminal Law","url":"https:\/\/www.njcriminaldefensefirm.com\/blog\/author\/njcriminaldefensefirm\/","identifier":8,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/eea6bf238055b0a92b0fd9a26bcfdcabbb3a035497bf65cc7d3ba0ef726197ae?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/eea6bf238055b0a92b0fd9a26bcfdcabbb3a035497bf65cc7d3ba0ef726197ae?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Keith Oliver Criminal Law","logo":{"@type":"ImageObject","@id":"http:\/\/www.njcriminaldefensefirm.com\/wp-content\/uploads\/2022\/03\/logo-footer.png","url":"http:\/\/www.njcriminaldefensefirm.com\/wp-content\/uploads\/2022\/03\/logo-footer.png","width":205,"height":68}},"image":{"@type":"ImageObject","@id":"https:\/\/www.njcriminaldefensefirm.com\/wp-content\/uploads\/2017\/03\/client-facing-gun-charge-out-of-bridgewater-accepted-into-pretrial-intervention-program.jpg","url":"https:\/\/www.njcriminaldefensefirm.com\/wp-content\/uploads\/2017\/03\/client-facing-gun-charge-out-of-bridgewater-accepted-into-pretrial-intervention-program.jpg","height":662,"width":1000},"url":"https:\/\/www.njcriminaldefensefirm.com\/blog\/client-facing-gun-charge-out-of-bridgewater-accepted-into-pretrial-intervention-program\/","about":["Success Stories","Weapons Offenses"],"wordCount":1222,"articleBody":"Earlier this year Keith Oliver Criminal Law was retained to represent an individual who unfortunately found himself starring down the barrel of one of New Jersey\u2019s unforgiving gun laws. A typical sentence for a gun charge in New Jersey will require not only a mandatory State Prison sentence but a mandatory parole ineligibility period as well.\u00a0 It is important to note here that this includes for simple\u00a0\u00a0possessory offenses. In other words, the only crime committed was being in possession of the firearm without first obtaining the proper permit from New Jersey. It is well known by now that New Jersey has some of the harshest gun laws in the entire Country. It is so well known by now that we have been told by numerous truck drivers that they will take detours around New Jersey to avoid potentially putting themselves in crosshairs. Here is some of the specifics surrounding a case we just resolved for one of our clients in Somerset County.Client Accepted into PTI on Felony Gun Charges in Somerset CountyOur client, who was temporarily transferred to New Jersey for work, found himself starring down not only a mandatory state prison term but also a mandatory parole ineligibility term as well following his arrest for\u00a0unlawful possession of a weapon\u00a0in\u00a0Bridgewater Township. To make matters worse, our client was not a United States citizen and if convicted, without question would have been facing deportation proceedings. After being retained our office quickly got to work trying to gather all the facts surrounding the charges. Once we were able to review the reports, witness statements as well as our clients own statement, we quickly concluded that the best way to defend our client was to seek what is known as a Graves Act Waiver. A Graves Act Waiver can either reduce and\/or eliminate the otherwise mandatory term of incarceration as well as the parole ineligibility period that is required for anyone convicted of unlawful possession of a weapon. After numerous discussions with the prosecution we were able to secure a full Graves Act Waiver and secure our client\u2019s admission into the Pretrial Intervention Program.\u00a0Pretrial Intervention, often referred to as PTI is a diversionary program in New Jersey, whereby if the individual completes the term without violating any of the conditions imposed, the charges will be outright dismissed. Typically speaking, since unlawful possession of a weapon (gun) is considered a\u00a0second degree felony offenses\u00a0in New Jersey, anyone seeking admission onto the PTI program would have to enter a guilty plea upon entering. However, this was not an option for our client, for immigration purposes, if an individual enters any admission on the record, even if he is never formally sentenced and considered to have a conviction, that plea can be used as the basis to initiate deportation proceedings. Fortunately for our client, we were able to secure his admission without having to enter a formal plea. Therefore, as long as he completes the one year PTI term without getting re-arrested, the charges will be outright dismissed against him. Not only will he never serve a day in jail but he will also not be a convicted felony and will not be subject to deportation proceedings. This was a tremendous result for our client. Provided everything goes well on PTI, he will be able to\u00a0expunge the case\u00a0in its entirety six months after completion.State v. G. D. (2021)How does the Graves Act work in New Jersey?The Graves Act\u00a0was originally instituted to curb gang related violence. It required mandatory prison sentences for certain gun related offenses. When it was originated it focused more on weapons related offenses that involved violence and\/or drug related crimes. For example,\u00a0possession of a weapon for an unlawful purpose\u00a0and possession of a firearm during the commission of a drug offenses. However, in 2008 the Graves Act was expanded to include simple possessory offenses. In New Jersey, an individual must first obtain a firearms id card prior to being able to lawfully own and\/or possess a firearm. In addition, New Jersey has very strict procedures as too when an otherwise lawful gun owner can remove the firearm from their residence and travel about the state with it. The 2008 amendment to the Graves Act swept under its grasp otherwise lawful gun owners who were not transporting the weapon properly as well as lawful out-of-state gun owners who were simply traveling to New Jersey. The Graves Act requires that anyone convicted of one of its enumerated offenses not only be subject to mandatory state prison but a mandatory parole ineligibility term as well. Anyone convicted of unlawful possession of a handgun, NJSA 2C:39-5B, would be facing at a\u00a0minimum\u00a0five years in a New Jersey State Prison with a forty-two month parole ineligibility term. That means that the individual\u00a0must\u00a0do at least 3 1\/2 years before they can be come eligible for parole.How does one get a Graves Act Waiver in New Jersey?In order to secure a Graves Act Waiver in New Jersey defense counsel must in essence convince the prosecution that their clients case falls outside the legislative intent of the Graves Act. A lot of these waivers are fact specifics, not only the underlying facts of the case but the background of the individual as well. These waivers are very\u00a0carefully scrutinized and typically only granted in the rarest of cases.What Could a Sentence be if a Graves Act Waiver is Granted?As stated above, a Graves Act Wavier could either reduce and\/or eliminate not only the parole ineligibility term but the mandatory term of incarceration as well. Here are some of the common Graves Act Waiver sentences given in New Jersey:Five Years New Jersey State Prison with a One Year Parole Ineligibility Term;Three Years New Jersey State Prison with a One Year Parole Ineligibility Term;Probation Conditioned upon 364 Days in the County Jail;Straight Probation;Pretrial Intervention Program.All the potential sentences besides the Pretrial Intervention Program will result in the individual be scarred as a convicted felony. Also, since they are a convicted felony, they will be required to forfeit their second amendment rights and will forever be barred from owning weapons.Looking to Speak to a Lawyer about Gun Charge in Somerset CountyIt should go without saying that gun charges in New Jersey are not something to take lightly or underestimate. The potential penalties can be absolutely crippling. It is important to remember that the Graves Act would apply regardless of the individuals criminal record. If you have found yourself summonsed into Court in\u00a0Somerset\u00a0or\u00a0Hunterdon County\u00a0to defend unlawful possession of a weapon, possession of a weapon for an unlawful purpose,\u00a0certain persons not to possess a weapon\u00a0or any other\u00a0weapons related offenses, Keith Oliver Criminal Law can help. Our attorneys have defend countless gun charges over the years and have secured numerous waivers for clients. If you would like to sit down and discuss your option with one of our criminal defense attorneys today, please feel free to contact our office at 908.533.1064. As always, our initial consultations are free of costs. We serve all of Somerset and Hunterdon County, including Clinton, Raritan, Readington, Hillsborough, Franklin, Somerville, Flemington, Bedminster, Manville, Union, North Plainfield."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.njcriminaldefensefirm.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Client Facing Gun Charge out of Bridgewater Accepted into Pretrial Intervention Program","item":"https:\/\/www.njcriminaldefensefirm.com\/blog\/client-facing-gun-charge-out-of-bridgewater-accepted-into-pretrial-intervention-program\/#breadcrumbitem"}]}]