Felon in Possession Lawyer Bergen County
If you are a felon in possession of a firearm in Bergen County, you face a second-degree felony charge under New Jersey law. A conviction carries a mandatory minimum state prison sentence of five years without parole. You need a Felon in Possession Lawyer Bergen County who knows the local courts. Law Offices Of SRIS, P.C.—Advocacy Without Borders. defends these charges. (Confirmed by SRIS, P.C.)
New Jersey’s Felon in Possession Statute
New Jersey statute 2C:39-7(b)(1) defines the crime of certain persons not to have weapons. This is a second-degree crime with a mandatory five to ten-year prison term. The law prohibits anyone convicted of a specified predicate offense from possessing any firearm. This includes rifles, shotguns, antiques, and handguns. The statute is strict liability in many aspects. Your knowledge of the firearm’s presence can be enough for a conviction. The state must prove you were previously convicted of a predicate crime. They must also prove you possessed a firearm. Defenses challenge the legality of the search or the link between you and the gun.
2C:39-7(b)(1) — Second-Degree Crime — Mandatory 5-10 Years State Prison. This statute makes it illegal for a person convicted of crimes like robbery, aggravated assault, or other specified offenses to possess any firearm. There is no parole eligibility for the first five years of the sentence. The Graves Act mandates this prison time. Possession can be actual or constructive, meaning control over the firearm.
What is considered “possession” under this law?
Possession in New Jersey can be actual or constructive. Actual possession means the firearm is on your person. Constructive possession means you have knowledge of and control over the firearm, even if it is in a shared space like a car or home. The prosecution will argue you had dominion and control. A felon with firearm defense lawyer Bergen County attacks the state’s proof of this control.
What predicate offenses trigger this charge?
Predicate offenses include aggravated assault, robbery, burglary, and certain drug distribution crimes. Any conviction for a crime enumerated in the statute qualifies. This includes out-of-state and federal convictions that are equivalent to New Jersey’s listed crimes. The prior conviction does not need to be for a firearm-related offense.
Does the type of firearm matter for the charge?
The type of firearm generally does not change the degree of the charge under 2C:39-7. The law prohibits possession of “any firearm.” This includes handguns, rifles, shotguns, and antique firearms. The mandatory sentencing under the Graves Act applies regardless of the firearm type.
The Insider Procedural Edge in Bergen County
Your case will be heard in the Bergen County Superior Court, Law Division, located at 10 Main Street in Hackensack. This courthouse handles all indictable crimes, including second-degree felon in possession charges. The case starts with a complaint and warrant. It is then presented to a grand jury for indictment. After indictment, the case moves to the Pre-Indictment Conference (PIC) program. This is a critical early stage for negotiation. The Bergen County prosecutor’s Location takes these cases very seriously. They rarely offer plea deals that avoid state prison time without a strong defense. Filing fees and procedural costs are reviewed during a Consultation by appointment at our Bergen County Location. Learn more about Virginia legal services.
What is the typical timeline for a felon in possession case?
A felon in possession case can take over a year to resolve from arrest to trial or plea. The grand jury indictment must occur within a set timeframe after arrest. The PIC program occurs shortly after indictment. Discovery and motion practice can add several months. Trial dates are set by the court’s busy calendar.
The legal process in Bergen County follows specific procedural requirements that affect case timelines and outcomes. Courts in this jurisdiction apply local rules that may differ from neighboring areas. An attorney familiar with Bergen County court procedures can identify procedural advantages relevant to your situation.
What are the key pre-trial motions in these cases?
Key motions include a motion to suppress evidence from an illegal search or seizure. A motion to dismiss the indictment for legal insufficiency is also common. A prohibited person gun charge lawyer Bergen County files these motions to challenge the state’s case before trial. Success on a suppression motion can lead to a case dismissal.
Penalties & Defense Strategies
The most common penalty range is five to ten years in New Jersey State Prison, with five years of parole ineligibility. The judge has no discretion to sentence below the five-year minimum if you are convicted. The sentence runs consecutively to any other sentence you are serving. Fines can reach $150,000. You will also face a permanent criminal record and loss of various civil rights.
Virginia law establishes specific statutory frameworks that govern these matters. Each case involves unique factual circumstances that require careful legal analysis. SRIS, P.C. attorneys evaluate every relevant factor when developing case strategy for clients in Bergen County. Learn more about criminal defense representation.
| Offense | Penalty | Notes |
|---|---|---|
| Felon in Possession (2C:39-7b1) | 5-10 years State Prison | Mandatory 5-year parole disqualifier |
| Associated Fine | Up to $150,000 | Court-imposed financial penalty |
| Post-Release Supervision | Parole for 3-5 years | Mandatory period after prison release |
| Collateral Consequences | Loss of voting rights, firearm rights permanently, professional licenses | Long-term civil disabilities apply |
[Insider Insight] The Bergen County prosecutor’s Location has a dedicated unit for Graves Act cases. They pursue the full mandatory minimum sentence in nearly every case. Their initial plea offers are harsh. An effective defense requires immediate action to investigate the arrest circumstances and challenge the evidence.
Can I avoid prison with a first-time gun charge?
No, if you have the predicate felony conviction, this is not a “first-time” offense in the eyes of the law. The prior conviction triggers the mandatory prison sentence. There is no “first offender” program or PTI for a standard 2C:39-7 charge. Your defense must focus on beating the charge, not avoiding the penalty.
What are the main defense strategies?
The main defenses are challenging the legality of the police stop, search, or seizure of the firearm. Another defense is attacking the proof that you knowingly possessed the weapon. We also examine if your prior conviction legally qualifies as a predicate offense. A Felon in Possession Lawyer Bergen County investigates all these angles.
How does a plea negotiation work in Bergen County?
Plea negotiations are difficult but possible. The state may offer to reduce the charge to a third-degree unlawful possession offense. This avoids the Graves Act mandatory minimum. Such offers require the prosecutor to file a Graves Act waiver. This only happens when the defense presents significant weaknesses in the state’s case.
Court procedures in Bergen County require proper documentation and adherence to filing deadlines. Missing a deadline or submitting incomplete filings can negatively impact case outcomes. Working with an attorney who handles cases in Bergen County courts regularly ensures that procedural requirements are met correctly and on time. Learn more about DUI defense services.
Why Hire SRIS, P.C. for Your Bergen County Case
Our lead attorney for firearms cases in New Jersey is a former law enforcement officer with direct insight into prosecution tactics. This background provides a critical advantage in building your defense strategy. We know how police build these cases and where to find weaknesses.
Attorney Background: Our New Jersey firearms defense attorneys include former prosecutors and law enforcement. They have handled hundreds of Graves Act cases. They understand the forensic evidence and police procedures used in gun cases. This experience is applied directly to your defense in Hackensack.
The timeline for resolving legal matters in Bergen County depends on multiple factors including case type, court scheduling, and the positions of all parties involved. SRIS, P.C. keeps clients informed throughout the process and works to move cases forward as efficiently as possible.
SRIS, P.C. has a dedicated Location in Bergen County for client meetings and court preparation. Our team’s knowledge of the local judges and prosecutors is a tangible asset. We prepare every case for trial, which is the only way to gain use in negotiations. We have secured dismissals and favorable outcomes for clients facing severe mandatory sentences.
Localized FAQs for Bergen County
Will my case be in Hackensack or a local municipal court?
All felon in possession charges are indictable crimes heard in Bergen County Superior Court in Hackensack. Municipal courts do not have jurisdiction over these second-degree offenses. Your arraignment and all major hearings will be at 10 Main Street. Learn more about our experienced legal team.
Can I get bail on a felon in possession charge in New Jersey?
Bail is set by a judge at a detention hearing. For Graves Act offenses, the prosecutor will often argue for pretrial detention. The court considers flight risk and danger to the community. An experienced lawyer argues for your release with conditions.
What is the Graves Act waiver process?
A Graves Act waiver is a prosecutor’s request to the court to sentence below the mandatory minimum. The Bergen County Prosecutor must approve and file the waiver. It is rarely granted without a strong legal defense showing evidence problems.
Financial implications are often a significant concern in legal proceedings. Virginia courts consider relevant financial factors when making determinations. Proper preparation of financial documentation strengthens your position and supports favorable outcomes in Bergen County courts.
How long do I have to wait to expunge this conviction?
A conviction under 2C:39-7 is generally not eligible for expungement in New Jersey. It is considered a Graves Act offense and is barred from expungement under current law. A dismissal or acquittal is necessary to avoid a permanent record.
What happens if the gun wasn’t loaded or functional?
The law prohibits possession of any firearm, operable or not. An inoperable firearm may still be considered a firearm under New Jersey law if it can be readily made operable. This does not provide a defense to the charge.
Proximity, Call to Action & Disclaimer
Our Bergen County Location is strategically positioned for clients facing charges in Hackensack. We are minutes from the Bergen County Justice Center. This allows for efficient case management and court appearances. You need a lawyer who is familiar with this specific courthouse and its procedures.
If you are charged as a felon in possession of a firearm in Bergen County, act immediately. The early stages of your case are crucial for investigation and motion filing. Consultation by appointment. Call our team 24/7 at (201) 488-4699. We will review the details of your arrest and the evidence against you.
Law Offices Of SRIS, P.C.
Bergen County Location
(Address details provided upon appointment)
Phone: (201) 488-4699
Past results do not predict future outcomes.