Felon in Possession Lawyer Passaic County, NJ

If you are facing a charge of unlawful possession of a firearm by a convicted felon in Passaic County, the stakes are high. Under , a “certain persons not to have weapons” charge is classified as a second‑degree crime, exposing you to a potential state prison sentence. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel understand how prosecutors build these cases and how to counter them. Mr. Sris, a former prosecutor and the Owner and Founder of the firm, has practiced criminal defense since 1997. The firm’s New Jersey location serves clients throughout the county, including at the Superior Court of New Jersey, Passaic Vicinage. To discuss your situation, call (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

What It Means to Be Charged as a Felon in Possession in Passaic County

New Jersey law strictly prohibits certain individuals from owning, possessing, or controlling firearms. , known as the “Certain Persons Not to Have Weapons” statute, makes it a crime for anyone previously convicted of a specified offense to possess any firearm. The offenses that trigger the prohibition include any indictable crime (felony), as well as certain disorderly persons offenses involving domestic violence or drug offenses.

In Passaic County, these charges are prosecuted in the Superior Court of New Jersey, Law Division—Criminal Part, located at 77 Hamilton Street, Paterson, NJ 07505. The Passaic Vicinage handles all indictable offenses, including second‑degree “certain persons” charges. Because New Jersey abolished cash bail in 2017, pretrial release decisions are based on a Public Safety Assessment risk score rather than the ability to post bail. An experienced criminal defense attorney can advocate for your release at the detention hearing and work to challenge the state’s evidence throughout the proceedings.

How Mr. Sris and His Of Counsel Handle Felon‑in‑Possession Cases

Mr. Sris and his Of Counsel team take a thorough, informed approach to defending clients accused of this serious offense. Drawing on Mr. Sris’s background as a former prosecutor, the team evaluates every aspect of the state’s case, from the legality of the initial stop and search to the sufficiency of the evidence linking the firearm to the accused. A key element of these charges is proof that the defendant is a “certain person” within the meaning of the statute—that is, a person with a prior qualifying conviction. The firm reviews the underlying conviction record to determine whether the prosecution can meet this burden.

In many cases, the defense may involve challenging the constitutionality of a search, asserting that the defendant did not knowingly possess the firearm, or arguing that the predicate offense does not fall within the statutory prohibition. When appropriate, Mr. Sris and his Of Counsel negotiate with the Passaic County Prosecutor’s Office to seek a reduction or dismissal of charges. If a trial is the trusted path, the team is prepared to present a vigorous defense at the Passaic Vicinage. Throughout the process, the firm keeps you informed and involved, so that you understand each development and your available options.

About Mr. Sris and His Of Counsel Team

Mr. Sris, the Owner and Founder of Law Offices Of SRIS, P.C., established the firm in 1997 with a commitment to defending the rights of individuals accused of crimes. Before entering private practice, he served as a prosecutor, gaining firsthand insight into the tactics and decision‑making processes of the state. Today he is admitted to practice in New Jersey, as well as in Virginia, Maryland, the District of Columbia, and New York. His multi‑jurisdictional experience gives him a broad perspective on criminal defense strategy.

Mr. Sris is joined by a team of Of Counsel—non‑employee attorneys who collaborate with the firm on criminal matters. Together, they bring significant collective experience to felon‑in‑possession defense. The team’s approach is collaborative, combining Mr. Sris’s leadership with the focused attention that each case demands. The firm’s New Jersey location serves clients throughout Passaic County and the surrounding areas, and meetings are by appointment. You can reach the firm at (888) 437-7747 to schedule a consultation.

Frequently Asked Questions

What is a felon-in-possession charge in New Jersey?

A “certain persons not to have weapons” charge under prohibits anyone with a qualifying prior conviction from possessing a firearm. This includes individuals convicted of any indictable crime, as well as those convicted of specific domestic violence or drug‑related disorderly persons offenses. The statute covers handguns, rifles, shotguns, and any other “firearm.” Even constructive possession—when the weapon is found in an area you control—can support a conviction. The charge is a second‑degree crime, and it is prosecuted by the Passaic County Prosecutor’s Office in the Superior Court of New Jersey, Passaic Vicinage.

What are the penalties for a felon in possession of a firearm in Passaic County?

A second-degree crime in New Jersey carries a term of imprisonment of five to ten years, plus a fine of up to $150,000. The statute also imposes a period of parole ineligibility; under the No Early Release Act, the court must impose a minimum term of 85% of the sentence before the person becomes eligible for parole. Additionally, a conviction for a “certain persons” offense can result in a permanent loss of firearms rights, and any subsequent firearms‑related charge can lead to more severe consequences. The court may also impose a term of probation or other conditions depending on the case. Results vary; prior results do not guarantee a similar outcome.

Can a felon-in-possession charge be dropped or reduced?

Yes, a felon‑in‑possession charge may be dismissed or reduced if the prosecution’s evidence is challenged successfully. For example, if the search that led to the firearm was unconstitutional, the weapon may be suppressed, leaving the state without proof. The defense may also show that the defendant did not knowingly possess the gun, or that the predicate conviction does not qualify under the statute. In some instances, negotiation with the prosecutor results in a plea to a lesser offense that does not trigger the same firearm prohibition. Each case depends on its particular facts; a detailed evaluation by an experienced attorney is essential.

How does New Jersey’s bail reform affect felon‑in‑possession cases in Passaic County?

Under the Criminal Justice Reform Act, New Jersey eliminated cash bail, so a person charged with a second‑degree “certain persons” offense cannot buy their way out of custody. Instead, a Public Safety Assessment (PSA) score will be used at a detention hearing to decide whether the person should be released or detained pending trial. The court considers the risk of flight and danger to the community. A defense attorney can present arguments and evidence at that hearing to support release on the least restrictive conditions. The Passaic County Superior Court makes these decisions early in the case, and strong advocacy at the detention stage can influence the entire pretrial course.

What defenses are available for a felon‑in‑possession charge?

Common defenses include challenging the legality of the stop or search that produced the firearm, disputing the “knowing possession” element, and contesting the predicate conviction’s applicability. New Jersey courts require that the defendant voluntarily and knowingly possessed the weapon; momentary or innocent possession is not sufficient. Additionally, the state must prove beyond a reasonable doubt that the predicate offense is one that falls within the statute’s list. The defense may also argue that the firearm belonged to another person and the defendant had no control over it. Mr. Sris and his Of Counsel evaluate each case individually to identify the most promising defense strategy.

Do I need a lawyer if I am charged with felon in possession in Passaic County?

Yes—facing a second‑degree “certain persons” charge without counsel is extremely risky because of the potential for a lengthy prison sentence and a permanent criminal record. An attorney can protect your rights, investigate the evidence, and pursue favorable outcomes. Even if you believe the charge is a mistake, prosecutors will move forward with the case, and the court process is complex. Mr. Sris and his Of Counsel have experience in Passaic County courts and understand how to navigate these serious matters. To discuss your situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747 for a consultation.

Our criminal defense attorneys also serve clients in nearby counties:

Hunterdon County ·
Somerset County ·
Morris County ·
Bergen County ·
Monmouth County

Attorney advertising. Prior results do not guarantee a similar outcome. Attorney responsible for this advertising: Mr. Sris. Results may vary.

Case results depend on a variety of factors unique to each case.