The team of defense attorneys at Keith Oliver Criminal Law was able to secure a dismissal for one of our clients following a three year legal battle. Our client was arrested and charged with a slue of offenses, including two counts of unlawful possession of a weapon, two counts of possession of a weapon for unlawful purpose, one count of endangering the welfare of a child, three counts of possession of prohibited weapons and one count of terroristic threats back in 2018. It goes without saying that these are all very serious indictable offenses, any one of which could send him to prison for a long time. In fact, if convicted on one of the gun charges alone, our client would have been facing a mandatory State Prison term, ranging anywhere from five to ten years. Furthermore, since gun offenses fall under the Graves Act, his sentence would also require a parole ineligibility period as well. Here is some information about how we were able to secure a dismissal for him. If you have a pending guns or weapons case in Monmouth County, NJ and would like help challenging the charges against you or have questions that you would like to ask a criminal defense attorney with extensive experience defending clients facing weapons charges in New Jersey, please contact our office at 732-858-6959 for a free consultation.
Been Arrested on Gun Possession Charges in New Jersey
Following his arrest our client was taken to the county jail pending a detention hearing, which is also known as a bail hearing in New Jersey. Based on the nature of the charges and the underlying allegations, he was ordered detained following his detention hearing. In other words he was denied bail. After that hearing our office was contacted by his family and formally retained to handle his case. After being provided with the initial discovery we immediately filed a motion to reconsider his detention and were able to secure his release pending trial. This was a significant win, especially considering his case took over three years to litigate. Had we not one this motion our client would have spent three years in custody before seeing the charges be dismissed. Once he was released we began preparing his defense. The crux of the allegations were that not only did he threaten to kill his step-daughter’s father via a phone call but that he then drove from Indiana to New Jersey to follow through on his threat. When he arrived in New Jersey the alleged victim had contacted the authorities. When the police arrived on scene they began investigating the allegations and that is what ultimately lead to a search of his vehicle. Among other things, the search revealed two loaded handguns, one in the trunk and one in the glove box.
How to Challenge Gun Charges in New Jersey
After he was formally indicted on the charges we were able to receive full discovery. Upon review, it was clear that the police violated his constitutional rights when they conducted the search of his vehicle. As a result, we filed a motion to suppress his statements based on a Miranda violation. We also argued that anything discovered during the subsequent search of his vehicle was fruits of the poisons tree and must be suppressed as well. Following a two day hearing the Judge agreed with our position and concluded that the police violated our client’s rights. Based on the Judge’s ruling, the State could not use his statement as well as everything what was derived from his statement, meaning the firearms in his upcoming trial. Since this was going to be a fatal blow to the prosecution’s case, they decided to take an interlocutory appeal of the Judge’s decision. The case was then transferred to the appellate division and oral argument was conducted on the issue. Following oral argument, the appellate division ultimately agreed with us and upheld the Judge’s decision. The case was then sent back to the trial court. Based on the rulings the prosecution had no choice but to dismiss the charges in their entirety against our client. After three years of litigation the charges were finally dismissed and our client was able to move on with his life. This was a tremendous outcome for our client, not only did he avoid serving any jail time but was able to avoid a criminal conviction as well.
Need Lawyer for Firearm Charge in Monmouth County
Keith Oliver Criminal Law is a Monmouth County based criminal defense firm that handles all types of criminal cases, including aggravated assault, unlawful possession of a weapon, burglary, domestic violence and drug charges. Our attorneys have dedicated their careers to defending individuals who’s liberty and freedom are on the line. We serve all of Monmouth County, including towns like Freehold, Red Bank, Holmdel, Middletown, Ocean Township, Wall Township, Asbury Park and Manalapan. If you would like to speak to one of our Monmouth County criminal defense lawyers then please contact our office at 732-858-6959. One of our attorneys would be glad to discuss your options and the different stages of the criminal justice process with you. If you have any questions, please do not hesitate to contact us. Understanding all your options and possible defenses is paramount to any successful litigation.
State v. C.V. 2021