Submitted by New Jersey Criminal Lawyer, Jeffrey Hark.
Are you an out of state driver who is coming to New Jersey and been charged with a gun offense? Do you possess a valid gun and permit to carry from another state and brought your gun into New Jersey? Have criminal charges being filed against you?
Unlawful possession of a weapon in New Jersey is a second-degree crime which carries a presumption of incarceration also known as jail. Many People come to New Jersey on vacation or are driving through when they get pulled over for a motor vehicle stop. Often times people who think they are lawfully possessing their weapon at time of a motor vehicle stop voluntarily tell the police they have a gun. The police are required to charge out of state persons who possess a gun without the necessary New Jersey documentation with a gun offense which could expose them to jail!
In the case of New Jersey v. Gil the appellate court addressed a trial courts decision allowing a defendant with a gun charge to participate in the county prosecutors PTI program.
The appellate division ruled the prosecutor relied on the improper facts not related to the gun offense when it denied the defendant’s application to participate in the county prosecutor’s PTI program. These are very fact specific cases that need a great deal of attention and experience. In addition, there has been a substantial review of the Attorney General Guidelines after a Philadelphia resident owner of a gun almost went to State prison in New Jersey when she drove over the bridge from Philadelphia on her way to Atlantic City several years ago. As a result, these are very fact sensitive cases that need an experienced attorney with knowledge of the guidelines and the PTI review an appeal guidelines. I handle gun cases all over the state involving these very issues. If you are in charge with the gun offense and own a gun lawfully, have come to New Jersey and your gun was in the car at the time of a motor vehicle stop, and have been charged with a weapon defense you need to call my office immediately.
This case goes through the very specific Attorney General guideline the court with the prosecutor failed to consider when it denied the defendant’s entry into the PTI program. Although we provide no guarantees, my office can help you get the appropriate attention and review by the county prosecutors office and the court for your PTI application and or PTI appeal. Please call us immediately if you have any questions.
Jeffrey S. Hark, Esq.