Freehold NJ Gun Possession Lawyer
It is well known by now that New Jersey has some of the most strictest gun laws in the Country. If a Defendant either pleads guilty too or found guilty of certain weapons offenses, including unlawful possession of a weapon, certain persons not to possess a weapon or possession of a weapon for unlawful purposes, there is a strongly likelihood that they will be sent to a New Jersey State Prison for at least five (5) years. As you will see below, the Graves Act, which is the authority behind strict sentencing requirements on gun offenses in New Jersey, can be unforgiving. That is just one of the many reasons that you need to aggressively contest these types of allegations in Court. The vast majority of gun cases derive from some form of a search and seizure. This should at the very least give an experienced criminal defense attorney a way to try and attack the prosecutions case. In fact, Keith Oliver Criminal Law was able to secure the dismissal of an indictment, which included several weapons offenses, following a three year legal battle, which included an interlocutory appeal to the appellate division, based on a search issue. For more information on this recent success story, please click the link.
Looking to Consult with an Attorney About Firearms Case in Monmouth County
The attorneys at Keith Oliver Criminal Law have extensive experience representing clients charged with various weapons offenses in courts throughout New Jersey, including Monmouth County. Our office serves all of Monmouth County including towns like Hazlet, Asbury Park, Long Branch, Freehold, Neptune, Howell, Millstone, Middletown, West Long Branch and Manalapan. If you or a loved one has been arrested and charged with a weapons related offense, whether it be possession of a handgun or possession of hollow point bullets, we can help. If you would like to come into the office and sit down with Mr. Oliver to discuss your options please contact us directly at (732) 858-6959. We can discuss the specific facts of your case and we will give you our honest feedback on how we think we can be of assistance. We fully understand that time is of the essence with these types of charges, therefore we are available 24/7 to try and assist in any way possible. Now here are some of the most common weapons offenses charged in Monmouth County.
Common Weapon Offenses Charged in Monmouth County
- Unlawful Possession of a Weapon
- Possession of a Weapon for Unlawful Purpose
- BB Guns / Airsoft / Paintball Guns
- Certain Persons
- Graves Act
- Firearms Purchaser Identification Card Appeals
- Prohibited Weapons
- How to Apply for Gun Permit
How Serious are Weapon Charges in New Jersey
New Jersey does not just take handgun charges very seriously. All weapon offenses, including but not limited to firearms, BB-guns, knives, brass knuckles, swords or bats, will be considered indictable offense, which is New Jersey’s version of a felony offense. That means that all weapons related offenses will be handled in the Superior Court of the County where the incident happened. So, for example, if an individual is arrested for a bar fight at DJAIS in Belmar and it is alleged that they used a bottle during the commission of the assault, they will see their charges be transferred from the Belmar Municipal Court to the Monmouth County Superior Court, which is located in Freehold for disposition. For more information on how procedurally a weapons case may proceed in Freehold, please click the link
What is the Graves Act in New Jersey?
It is common practice for truck drivers to routinely drive around New Jersey as opposed to driving through New Jersey because of our extremely tough gun laws. Pursuant to the Graves Act, any individual caught possessing a firearm without previously obtaining a permit in New Jersey for the same will be facing not only mandatory State Prison but a mandatory parole ineligibility period as well. The standard plea offer on a Graves Act case is seven (7) years in a New Jersey State Prison with a forty-two (42) month parole ineligibility period. In addition, the fact that the weapon was lawfully purchased in another State or the fact that the Defendant has a permit to carry a weapon in another State is irrelevant under New Jersey law. With that being said, an experienced Monmouth County criminal defense lawyer may be able to petition the Court and the Prosecutor’s office for what is known as a Graves Act Waiver. If successfully, a Defendant’s exposure may be reduced drastically to perhaps a three (3) year in New Jersey State Prison sentence with a one (1) year parole ineligibility period. And in rare cases, a Defendant may even be able to enroll into the Pretrial Intervention program as well. If enrolled into that program, a Defendant would not only avoid State Prison altogether but a criminal record as well. Mr. Oliver has successfully got numerous clients charged with unlawful possession of a weapon into the Pretrial Intervention Program. For more information on some of our successful graves act waivers, please checkout some of our success stories by clicking the link.
Here is what one of Mr. Oliver’s clients who was facing a gun charge had to say:
Attorney Keith Oliver Gives 150% To His Clients!
Our family has NEVER had any dealings with the criminal justice system before. Keith made us feel very comfortable with the entire process. This was a very scary time for us since the charges we were facing were felonies. He promised us he would give our son’s case 150% and would keep us informed by giving us more than enough information during the entire process…from the beginning to end. He did just that! We always received immediate responses to our calls, etc. We always received advance notice of all court dates and times which was much appreciated, especially since we were out-of-state clients. His Brief-writing & investigative skills are awesome. In the courtroom, he was superb! He is very knowledgeable of the law and appears to be well respected by the judges and the prosecutors. He was very direct and honest, yet personable to us and deeply cares about the client and the outcome of the case. Our nick name for him was “Attorney Perry Mason”. lol. Keith is the best and our family highly recommends him to anyone with a legal situation! He will forever be in our thoughts and prayers. We love you Keith!
Posting Bail in Monmouth County on a Gun Case
The ability to appear in the Police Station with a cash bail or bail bondsman and secure the release of a defendant was eliminated by New Jersey’s 2017 Bail Reform Act. Under our current bail system, if the defendant is charged pursuant to a Compliant-Warrant, they will be subject to bail reform. Bail reform requires that a defendant charged under a Complaint-Warrant be taken to the Monmouth County Jail, where they will remain for at least 24 hours, so that Pretrial Services can conduct their risk assessment. Once the risk assessment is complete, the defendant will appear before a Judge at their Central Judicial Processing Hearing. At this hearing they will be advised whether the prosecution will be agree to release the defendant on bail or whether they will be seeking to keep them detained in jail without bail. If they are seeking to keep the defendant detained, without bail, a formal detention hearing must be conduct. At that hearing, after hearing arguments from both the prosecution and defense counsel, the Judge will need to determine whether there is a serious risk that:
- The defendant will not appear in court as required;
- The defendant will pose a danger to any other person or the community; and/or
- The defendant will obstruct or attempt to obstruct justice, or threaten, injure, or intimidate, or attempt to threaten, injure, or intimidate, a prospective witness or juror.
Need to Speak to a Defense Attorney About Gun Case in Freehold NJ
If you have been arrested and charged with a weapons offense in Monmouth County, Keith Oliver Criminal Law can help. Our Monmouth County criminal defense attorneys have dedicated their entire careers to defending those accused of crimes in courts throughout New Jersey, including courts throughout Monmouth County. Our office serves all of Monmouth County, including towns like Asbury Park, Long Branch, West Long Branch, Eatontown, Red Bank, Keansburg, Keyport and Englishtown. As stated above, our initial consultations are always free, so if you have any questions whatsoever, please do not hesitate to contact us.