Somerset County NJ Weapons Lawyers
Gun Charges Attorneys in Somerset County, New Jersey
If you have been charged with a weapons offense in New Jersey it is imperative that you speak to an experienced criminal defense attorney as soon as possible. It is well that New Jersey has some of the strictest gun laws in the entire country. If you have been charged with the unlawful possession of a firearm, possession of a weapon for unlawful purpose, or certain persons not to possess a firearm, you are most likely facing not only mandatory incarceration but a mandatory parole ineligibility period as well. On top of that, in 2017, New Jersey completely revamped its bail system. Now the prosecution has the ability to seek to detain anyone charged with a criminal offense in the Somerset County Jail, pending trial, without bail. Traditionally the system is more favorable to releasing individuals on pretrial conditions as opposed to a monetary bail and/or detaining them without bail. However, that is not the case when it comes to weapons offenses. The trend is for the prosecution to file for a Detention Hearing on most weapon related offenses, especially gun charges. These hearings can and should be contested. To speak with one of our Somerset County criminal defense lawyers today about your options, please contact us at (908)533-1064.
Looking to Speak to a Lawyer in Hunterdon County about a Weapons Case
If you have been charged with a weapons offense in Somerset County, in towns like Somerville, Bound Brook, South Bound Brook, Raritan, Hillsborough, North Plainfield, Watchung or Far Hills, the attorneys at Proetta & Oliver can help. Mr. Oliver, one of the firm’s founding partners, has been defending those accused of weapons offenses, including gun charges in courts throughout New Jersey for years. He has successfully achieved Graves Act waivers in numerous different counties throughout the State. Obtaining a Graves Act Waiver is the only way for an individual to avoid the mandatory incarceration and/or parole ineligibility period that comes with a conviction of most weapons offenses in New Jersey. If you would like to come into our office and have a face to face consultation with Mr. Oliver or one of the other attorneys on staff, then please contact us at (908)533-1064. We can go over the specific facts of your case and we will give you our honest feedback on how we can be of assistance. As always, our initial consultations are free of costs. Now here is some information on weapons offenses in Somerset County New Jersey.
Common Weapon Related Crimes Issued in New Jersey
As touched upon earlier, New Jersey has extremely harsh penalties when it comes to certain weapons offenses. Here is a list of some of the most common weapons related offenses that the attorneys of Proetta & Oliver frequently handle.
- Unlawful Possession of a Weapon
- Possession of a Weapon for Unlawful Purpose
- BB Guns / Airsoft Guns
- Graves Act – Waiver
- Certain Persons not to have a Weapon
How Do I Post Bail For a Gun Charge in New Jersey?
Posting a cash bail or posting a bond is no longer a valid option in New Jersey. The days of appearing at the local police station and securing the release of a loved one by posting the bail no longer exist. As touched upon briefly above, New Jersey has moved towards a risk assessment bail system as opposed to the more traditional cash bail method. If an individual is arrested and charged by way of a Complaint-Warrant, which will more likely than not be the case for most weapon offenses, then they must be taken to the County jail for at least 24-48 hours so that Pretrial Services can conduct their risk assessment. Once the risk assessment is complete, the individual will be scheduled for their Central Judicial Processing Hearing. The prosecutor will need to advise the Judge at this hearing whether or not they will agree to release the individual on conditions or whether they will be filing for detention. If they seek to file for detention, that means the will be seeking to convince the Judge that the individual must be detained in the County jail, without bail, pending trial. Before that can occur, the individual would be entitled to a formal hearing. At that hearing the Judge will hear argument from both sides and then will be called upon to make a decision on whether to release the individual or not. In order for a Judge to detain the individual, the prosecutor must establish by clear and convincing evidence that there are no monetary or no monetary conditions that could be put in place to assure the following:
- That the defendant will appear in court as required;
- That the defendant not will pose a danger to any other person or the community; and/or
- That the defendant will not obstruct or attempt to obstruct justice, or threaten, injure, or intimidate, or attempt to threaten, injure, or intimidate, a prospective witness or juror.
Unfortunately, when it comes to weapon offenses in New Jersey, the prosecution tends to file a pretrial motion for detention, especially, when the case involves a firearm. For more information on bail hearings for weapons offenses in Somerset County, please click the link.
All Weapons Offenses in New Jersey Will Be Classified as Felony Offenses
It goes without saying that New Jersey has by far some of the strictest gun laws in the Country. Unlike almost every other State in this Country, all weapon related offenses, including the simple possessory offenses, will be classified as indictable offenses, which is New Jersey’s version of a felony. That is in regards to all weapons, including knives, guns, bats, bareknuckle and collapsible baton. Since all weapons offenses are indictable offenses, that also means that they must be transferred from the local Municipal Court to the Superior Court in the County where the incident happened.
Need to Speak to an Attorney about Gun Case in Somerset County
Whether you have been charged with the unlawful possession of a handgun, bb gun, airsoft gun, knife, bat or any other weapon for that matter in Somerset County, the Law Offices of Proetta & Oliver can help. We fully understand what a criminal conviction for one of these offense can do to one’s life. As such, we are dedicated to aggressively challenge the evidence presented against our clients in order to obtain a favorable result. Our attorneys are well aware that no two clients let alone no two cases are the same. As such, we pride ourselves on being able to adapt to our clients needs, let it be a trial, suppression hearing or negotiating a favorable plea deal. We serve all of Somerset County including towns like Bedminster, Bernards, Bound Brook, Branchburg, Franklin, Manville, Rocky Hill or Warren. If you would like to come into our office for a consultation then please contact us at (908)533-1064 or leave us an email. We try to make ourselves available around the clock to help assist in anyway that we can.