Category Archives: Big Wins
Mercer County Superior Court
In this case, our Mercer County Gun Lawyers were faced with a client that was accused of Unlawful Possession of Weapon for not having a carry permit in the state of New Jersey. He was a truck driver that was passing through New Jersey. His employer met him at a rest stop and took the truck back from him. Apparently, there had been some business dispute between the two men. The employer had called the police in the event that there was any trouble. When our client took his gun from the truck, the police seized it and arrested him. There was never any indication that he did anything wrong with the gun or that he even made any type of reference to it. He just didn’t have a carry permit.
Despite the fact that the client was a first offender, the was still facing mandatory prison time due to New Jersey’s strict firearms laws. Our Mercer County gun lawyers fought the case hard for months. As a result, we kept on chipping away at the plea offer. Our lawyers eventually got the plea down to no prison time but we didn’t stop there. Our lawyers continued to fight the case and in the end, we were able to get the entire indictment dismissed. The client did not have to pay one cent, be on probation for one day or spend one day in jail. Its just as if he would have won his trial but without the cost.
How can our Mercer County Gun Lawyers help you? Our Trenton office is easy to reach from anywhere in Mercer County.
In this case, our client was charged in Passaic County with 2 counts of Unlawful Possession of a Weapon, 2 counts of Theft and 1 count of Burglary. This was one of my favorite case that I have had recently. The client was just a really great guy with no criminal record. A family member from out of state had called the police to ask them to check on him due to concerns about his mental health. Once the police arrived, they had found that he had entered his roommate’s room, took out a gun and moved it across the house. At no point did his roommate indicate that he wanted to press charges. In fact, both men were charged with unlawful possession of a weapon. My client was also charged with burglary for entering into the roommate’s room (of the apartment that my client owned) and theft for taking the guns.
You are reading this correctly. The roommate (who I also represented) was charged with unlawful possession of a weapon even though the weapons were inside an apartment, stored properly and were not a high powered rifle or anything that would be per se illegal. Do you see what type of state we live in? You could be arrested for the lawful possession of a handgun in your own house! Luckily, the roommate’s charges were quickly dismissed. However, my client that is the subject of this post was indicted and the state fought like hell to put him in prison. Yes, prison even though 1) he was a first offender and 2) there was no evidence that we was threatening anyone with these guns or doing anything else improper with them.
The theft charge was also insane. If you take something in your own house that belongs to someone else and move in about 20 feet across the house, you could be charged with theft? Apparently so. Also, if you go into a part of your house that someone else is using, that is now trespassing. If you trespass with the intent to commit a crime, that is burglary. The weapons charge came from my client not having a carry permit – again, for carrying guns around his own house.
The case went on for about a year for a number of reasons. I filed a motion to dismiss about 6 months ago and just a few weeks ago, the court granted the motion and all charges were dismissed against this client. Since he now lives out of state, he is very happy not to have to fly back and forth for court. Oh yeah, not having the prospect of prison hanging over your head is nice to. You would think that when I filed this motion, the State would say, “oops, sorry, we screwed up”. Of course they didn’t though. They fought hard to defeat my motion and they got pretty creative in doing so. Luckily, I was in front of a good job that wasn’t asleep at the switch.
Just received word that the judge granted my client’s gun permit appeal a few days before the scheduled court apperance. This is another one of those cases where the client was denied for mental health issues, i.e. Question 26. This was a tough case because the client was having very serious panic attacks to the point where he refused to leave his house. Although not officially diagnosed with agorophobia, he had similar symptoms. Furthermore, he was on a number of medications. In fact, he still takes a number of medications regarding to anxiety and other mental health conditions.
Nevertheless, I work with some of the top experts in New Jersey. I was able to get my expert to do a full evaluation of the client. Armed with a great report, I argued that the State could not meet its burden of proof to deny the gun permit. As a result, we won the appeal. The case was in Salem County.