Our experienced criminal defense attorneys represent clients against State and Federal criminal charges in Mercer County, NJ, from Speeding and DUI offenses to Aggravated Assault and Domestic Violence Restraining Orders
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It is well known by now that New Jersey takes gun offenses very seriously and that the ramifications for anyone accused of unlawfully possessing a firearm can be unforgiving. The potential penalties include not only a mandatory term of incarceration but also the imposition of a mandatory parole ineligibility period as well. Those penalties are as a result of the Graves Act, which was instituted in an effort to combat gang activity. Under the Graves Act, even for a first time offender who has a proper permit from another state, the mandatory minimum plea offer that can be extended is five (5) years in state prison with a forty-two month parole ineligibility period. With that being said, there is a Graves Act Waiver that could be obtained, however, it will be on the defense counsel to convince the prosecution that such waiver should be granted. For more information on the Graves Act and how it applies in Mercer County, please click the link.
The penalties mentioned above are applicable for anyone accused of possessing a firearm without first obtaining the proper firearms id card, even if they had a proper permit from another state. They do not taken into consideration whether or not the gun was used for an unlawful purpose. For example, was the gun used to commit a robbery or during the commission of a drug offense? If that is the case, additional charges would apply, such as possession of a weapon for unlawful purpose and possession of a weapon during the commission of a drug offense. Read More
The City of Trenton Police Department was able to take yet another gun of the streets last week after a pursuit ensued following a routine traffic stop.
According to the information that has been released thus far, the officers were simply conducting a routine traffic stop near the 500 Block of Hoffman Avenue around 2 a.m. when the incident begun. The driver, later identified as a twenty-five year old male from the city, pulled his vehicle over to the side of the road and when doing so decided to flee the scene on foot. The officers on scene chased after the Defendant and were eventually able to tackle him to the ground. The Defendant was formally placed under arrest. A search incident to arrest revealed a semi-automatic handgun, prescription drugs and cash. In all, 32 trazodone pills, 2 two quetiapine pills, 3 lisinopril pills and $433 in cash. The Defendant was arrested and taken to the Mercer County Jail where he remains pending a Detention Hearing. The Defendant has most likely been charged with one count of resisting arrest in the third degree, one count of unlawful possession of a weapon in the second degree, one count of unlawful possession of a weapon during the commission of a drug offense in the second degree and several counts of possession of prescription legend drugs with the intent to distribute. Read More
At Proetta & Oliver we tend to get a lot of questions with regard to an unlawful possession of a weapon charge, especially when they involve a lawfully purchased and owned firearm from another state. New Jersey as a whole but especially Mercer County tends to see a lot of these types of cases, which is probably do in large part to the fact that Mercer County is so close to Pennsylvania.Read More
Trenton Teenager Arrested on a Loaded Handgun Charge
An eighteen year old male from Trenton, New Jersey was arrested earlier this week following what nj.com has reported was an unanimous tip. According to the information that has been released, Trenton police officers were investigating a tip about weapons being stashed at an apartment in the North 25 Housing Complex when the first came into contact with the Defendant. When the officers approached the complex, they claim that the Defendant and another male immediately fled the scene. It is unknown at this point in time what made the officers chase the individuals but when the dust settled, the Defendant was apprehended when he ran into a chain linked fence. A subsequent search of the Defendant revealed a loaded handgun. As a result, the Defendant was charged with one count of unlawful possession of a weapon. The other individual was searched as well and based on the officers not uncovering anything, he was not charged.Read More
The Hightstown Police Department is searching for the suspect alleged to have robbed a liquor store around 5pm yesterday. According to the information released at this point in time, the suspect entered the Hightstown Liquor & Wine store around 4:40 pm and pointed a semi automatic handgun at one of the employees and demanded that they turn over the money in the register. The suspect then fled the scene with approximately $600 in cash. The employee suffered minor injures as a result of a fall he took while emptying the register. The suspect was able to the flee the scene without being captured. In fact, the Hightstown Police Department is still actively searching for the suspect. Read More
Mr. Oliver, one of the firms founding partners, represented a client that was arrested and charged with among other things possession of a handgun and possession of hallow point bullets. The charges stemmed from a motor vehicle stop where it was alleged that the client was speeding. Since the client was from out of state the officers began questioning him with regards to where he was coming from and heading too. During the questioning, the client admitted that located inside his vehicle was a handgun. As a result of his admissions, the Defendant was removed from his vehicle and a search was conducted. The search revealed a 9mm handgun and to make matters worse, the gun was determined to be loaded with hallow point bullets.
Based on their findings, the client was charged with an individual who was charged with the unlawful possession of a weapon, in violation of N.J.S.A. 2C:39-5b which is a crime of the second degree and possession of hallow nose bullets, in violation of N.J.S.A. 2C:39-3f, which is a crime of the fourth degree. The handgun charge falls under the Graves Act in New Jersey. The Graves Act in essence requires a Defendant to serve not only a mandatory term of incarceration but the term must also be subject to a parole ineligibility period as well. So at a minimum, the Defendant was facing five (5) years in prison with a forty-two parole ineligibility period. Read More
A routine traffic stop in Ewing Township ends with a twenty-three year old being arrested and charged with among other things unlawful possession of a handgun. According to the reports, the Defendant was pulled over for a routine traffic stop at Princeton and North Olden Avenue. After a brief conversation with the officer, the officer claim he determined that the Defendant was in possession of marijuana. Based on that, the Defendant was asked to step outside the vehicle so that he could be placed under arrest. It was at this point in time that the Defendant attempted to pull away from the officer and flee the scene. The Defendant was quickly apprehended and it was at that point in time it was determined that he had a .32 caliber handgun in his waistband. Read More