Legal Question in Criminal Law in New Jersey

gun charge
i am a 28 year old male with no previous criminal record.i was suspected of loitering in a drug area but was not in possesion of the drugs or the money to purchase them.i was asked to step out of my vehicle and was personally searched.they then proceeded t search my entire vehicle including a locked compartment which they took my key oput of the ignition and opened. they found a broken bb gun with no ammo or air cartridge to power the gun.im awaiting a pre-indictment conference now. is there a chance that being my first ever charge i might not go to jail?Also,i have a verifiable reason for having it ..i work in camden(very bad area) by myself at night for the police impound yard.i had it in my truck in case somebody tried to enter and harm or rob me ..merely as a way to scare them away.i have a retired officer that will verify this is true if needed. any advice would be great ...

Asked on 2/17/09, 8:46 pm

5 Answers from Attorneys

Savyon Grant Law Office of Savy Grant

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Re: gun charge

It sounds like you have a great motion to supress. But you are facing a 3rd degree charge. If you have no prior criminal record you may be able to avoid jail. You may also qualify for pti. Please call my office for a free consultation.201\646\9600.

Answered on 2/17/09, 8:57 pm

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John Ducey Law Offices of John G. Ducey, PC

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Re: gun charge

It sounds like you qualify for PTI. In fact the Prosecutor's office might not even go forward with any charges. If they do and you would like a free consultation, call me at 732/286/2170.

John Ducey

Answered on 2/17/09, 10:36 pm

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Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

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Re: gun charge

I hate to disagree with the other attorneys but they changed the law. If convicted, you will get prison time. With a good attorney, you can avoid that but its not easy. It takes a lot of work. I practice in Camden, so call me at 732/247/3340 to discuss.

Answered on 2/17/09, 10:53 pm

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steven traub Traub & Tumaian, LLP

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Re: gun charge

Contact a lawyer. You may be able to suppress the evidence. If not, you should be eligible for pre-trial intervention. Depending on the facts, the county prosecutor may choose to downgrade the charge and return it to the municipal court as a disorderly or petty disorderly persons offense.

Answered on 2/18/09, 9:03 am

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