Posts Tagged ‘Graves Act’
There May Be Ways to Escape the Mandatory Minimums by Seeking a Graves Act Waiver, But Only Certain Individuals Are Eligible
State v. Lamborn Appellate Docket No.: A-740-19 Decided February 25, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reversed the probationary sentence imposed on defendant Kevin M. Lamborn on the State’s motion for a Graves Act, N.J.S.A. 2C:43-6(c), waiver, following defendant’s guilty…
Read MoreGraves Act Has Significant Mandatory Minimum Sentences for Unlawful Possession of a Firearm
State v. Rodriguez Appellate Docket No.: A-3586-19T4 Decided January 25, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent published opinion, the Appellate Division of New Jersey reviewed a prosecutor’s denial of a Grave’s Act waiver and a trial court’s reversal of that decision, granting the waiver. In State v. Rodriguez, a search…
Read MoreIs It Appropriate for the Trial Judge to Sentence Probation on a Second Degree Grave’s Act Charge?
State v. Smith Appellate Docket No.: A-2840-18T1 Decided August 17, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division reviewed whether it was appropriate for the trial judge to sentence probation on a Second Degree Grave’s Act charge. In State v. Smith, defendant was stopped by police…
Read MoreWhen Seeking a Graves Act Waiver, Can I See the Prosecutor’s Files from Other Waivers?
State v. Kassey Benjamin (A-43-15) (076612) (April 5, 2017) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. New Jersey’s Supreme Court recently decided a case in which the defendant brandished a firearm during a verbal altercation. Although the gun was unloaded and the defendant did not point the gun at anyone, the defendant was still…
Read MoreHave you been charged with a gun offense in New Jersey?
State v. Benjamin Appellate Division Decision decided September 2015 Have you been charged with a gun offense in New Jersey? Did your attorney apply for a Graves Act waiver and appealed the denial to the County Assignment Judge? What is the process? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. New Jersey gun offenses are…
Read MoreGraves Act Release Valve Not a Break Free from Prison Card
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In State v. Holloway, the defendant found a handgun but did not turn it over to authorities because he had pending charges in Somerset County. He then proceeded to accidentally shoot himself in the foot at the home of his girlfriend and the gun was found during…
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