Legal Question in Criminal Law in New Jersey

My nephew is serving hi 2nd term in the marine Corps and fought one year in Iraq and Afghanistan. He resides in Virginia and applied for a handgun permit. He checked no for the following question,
�HAVE YOU EVER BEEN CONVICTED OF A FELONY OFFENSE? (INCLUDE FELONY CONVICTIONS OF DRIVING UNDER THE INFLUENCE AND/OR ANY OFFENSE FOR WHICH YOU WERE CONVICTED AS A JUVENILE, WHICH WOULD HAVE BEEN A FELONY IF COMMITTED BY AN ADULT. IF YES, COMPLETE FORM 1 PART B PAGE 2.�
He actually was arrested and convicted of a burglary charge when he was 16, and now the police want to charge him with a felony and falsifying a federal document. He did not intestinally deceive them; he simply did not read the question thoroughly when he filled out the paperwork. He may be facing 10 years in prison and a dishonorable discharge from the Marines for something he did not do. He though they were asking if he was ever convicted of a felony, which was not a felony because he was under 18. Will they charge him with the offence and will the offence stand up in court? Is there anything he can do in his defense?

Asked on 8/08/10, 3:41 am

Gary Moore Gary Moore Attorney At Law

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0 attorneys agreed

The reasons which you give for his mistake would appear to be a valid defense. He needs an attorney.

Call me if you like.

Answered on 8/13/10, 3:49 pm

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