New Jersey has some of the strictest gun laws in the country, with severe penalties including mandatory state prison with mandatory periods of parole ineligibility. However, to be convicted of a gun crime in the first place, law enforcement must have collected the evidence lawfully and then prove specific things at trial. Depending on the charges and circumstances, an experienced New Jersey criminal defense attorney will conduct an in-depth investigation of the case to understand how law enforcement obtained the evidence and what defense strategies may apply. Common Defenses to Weapons Charges in New JerseyGun charges must be legally appropriate based on the facts and circumstances of the situation and evidence must be obtained legally. One common defense strategy to a gun charge is to challenge the legality of the search that resulted in the seizure of the evidence. If the gun was found on a premises or in a car, the police must have obtained it through the appropriate channels, either through a proper traffic stop followed by a lawful search or with a valid search warrant. Challenges to these can include:
Gun owners from out of state may find that they are in violation of New Jersey’s stricter laws even though their conduct would normally be legal in the state where they are from. Even though their permit is not recognized in New Jersey, a non-resident of New Jersey who has a permit to carry a firearm in their state of domicile may be eligible for a diversionary program. Graves Act WaiverEven if evidence cannot be challenged and charges are unlikely to be dismissed, a skilled New Jersey criminal defense attorney can negotiate with the prosecution in an attempt to get a sentence reduced. A Graves Act waiver of the mandatory-minimum sentencing may be available and a prison sentence reduced or avoided altogether. Getting the Assistance of an Experienced New Jersey Criminal Defense AttorneyGun charges in New Jersey are serious criminal offenses. A skilled criminal defense attorney will study all police reports, body camera footage, dashcam footage, and witness statements to look for any weaknesses in the prosecution’s case in order to strengthen the client’s defense. If you are facing a weapons charge, contact New Jersey criminal defense attorney Adam M. Lustberg to understand your rights under the law and discuss a possible defense strategy. Via https://www.lustberglaw.com/blog/how-to-beat-a-gun-charge-in-nj/
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About UsAdam Lustberg is a New Jersey criminal defense attorney who represents clients accused of DWI, domestic violence, homicide, weapons offenses, drug crimes as well as many other misdemeanors and felonies. Mr. Lustberg represents defendants in New Jersey as well as New York in municipal and superior courts. If you are looking for a defense lawyer call for a free consultation today: (201) 880-5311 FIND US ONLINE Bitly Box Diigo Dropbox Evernote Postach.io Histre Inoreader Instapaper Nimbus OneDrive Onenote Raindrop.io Todoist Toodledo Trello Tumblr Weebly Wordpress Blogger Google Drive Youtube Map Related Links About.me Behance.net Dribbble.com taplink.at Gravatar.com Carrd.co Minds.com Justpaste.it issuu.com Linktr.ee Solo.to Yelp Superlawyers Justia GMB Google Sites Follow.it Newsblur Pearltrees 500px Feedspot Bravesites Shutterfly Feedly Skillshare Alltop Feeder.co Bloglovin Mystrikingly Ted Paper.li Disqus Kickstarter Medium Google Calendar Archives
March 2023
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