One of our clients was indicted by a Grand Jury on various drug and weapons charges earlier this year. The charges originated from a motor vehicle stop whereby it is alleged that our client was driving the wrong way down a one way. Our client was a Pennsylvania resident and as such unfamiliar with the area. A search of the motor vehicle was conducted based on what the officers claimed were conflicting stories between the four passengers. The search uncovered more than an ounce of cocaine, a BB-Gun, hypodermic syringes, less than a ½ ounce of heroin, a small quantity of marijuana, digital scales and several sky masks. As a result of what was found, our client and the other three passengers were all placed under arrest. They were formally charged with the following:
- Possession of Cocaine in the third degree;
- Possession of Cocaine with the Intent to Distribute in the 2nd degree;
- Possession of Cocaine with the Intent to Distribute within 500 feet of a Public Park in the 2nd degree;
- Possession of Cocaine with the Intent to Distribute within 1000 feet of a School in the 3rd degree;
- Possession of Heroin in the third degree;
- Unlawful Possession of a Weapon in the 3rd degree;
- Possession of a Weapon while in the Commission of a CDS offense in the 2nd degree;
- Possession of Marijuana under 50 Grams a disorderly persons offense;
- Possession of Drug Paraphernalia a disorderly persons offense.
Following the indictment being handed down, discovery was finally provided to our office. Once our team of Mercer County criminal defense attorneys were finally able to review the discovery, we were able to uncover some rather serious proof issues with regards to the drugs located inside the vehicle. As a result, we engaged in extensive negotiations with the prosecution in an effort to workout a favorable resolution for our client. Since we were dealing with an unlawful possession of a weapons charge, we prepared and submitted a Graves Act Waiver. After several appearances and lengthy out of court negotiations, the Graves Act Waiver was finally granted. As a result, our client was formally accepted into the Pretrial Intervention Program (PTI). This is a program in New Jersey that allows for certain individuals to bypass the traditional methods of prosecution and be placed on a probationary period. If the individual completes the probationary period without violating any of the terms, the then pending felony criminal charges will be outright dismissed. So, if our client is able to successfully complete PTI, he will be able to walk away from these charges without a ever serving a day in jail let alone a criminal record.
Defendant Charged with Gun Charges Avoids Jail
New Jersey takes guns and drug offenses very seriously. When these two offenses are combined, the prosecution tends to take an even harsher approach, if that is even imaginable. If you have been arrested and charged the possession a gun in Mercer County, New Jersey, the Keith Oliver Criminal Law can help. Our Trenton gun possession defense attorneys have extensive experience dealing with both weapons and drug related offenses. If you would like to speak with one of our attorneys about your options then please contact us directly at (609) 789-0779. We serve all of Mercer County including towns like Trenton, West Windsor, East Windsor, Hamilton, Ewing, Lawrenceville and Robbinsville.
State v. N.B.