Felon in Possession Lawyer Somerset County, NJ
You were at home in Bridgewater when Somerset County Sheriff’s officers arrived with a warrant. They found an old firearm in a closet—one you thought you had disposed of years ago. Now you are facing a felon-in-possession charge in Superior Court of New Jersey, Somerset Vicinage. A conviction can carry significant prison time, and the legal process moves quickly. Law Offices Of SRIS, P.C., founded in 1997, represents individuals charged with unlawful firearm possession by a previously convicted person. Mr. Sris, a former prosecutor and the firm’s Owner and Founder, leads a team of experienced Of Counsel who appear regularly in Somerset County courts. From our New Jersey location, Mr. Sris and his Of Counsel work to protect your rights, challenge the prosecution’s evidence, and pursue the favorable outcomes. Call (888) 437-7747 to request a consultation about your Somerset County felon-in-possession case. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Felon in Possession Means in Somerset County, New Jersey
New Jersey law prohibits certain individuals from knowingly possessing firearms. A person who has a prior conviction that qualifies as a predicate offense under the state’s “certain persons not to have weapons” statute can face an indictable charge if they are found with a gun, even if the firearm was not used in any additional crime. In Somerset County, these cases are prosecuted in the Superior Court Criminal Division at the Somerset Vicinage, located at 20 North Bridge Street in Somerville.
Because New Jersey does not use the term “felon in possession” as a standalone statutory label, the charge is typically brought under N.J.S.A. Title 2C as a second-degree or third-degree crime, depending on the nature of the prior offense. The prosecution must prove that the defendant was previously convicted of a qualifying crime and that they knowingly possessed a firearm. A conviction can result in a state prison sentence with a period of parole ineligibility. Mr. Sris and his Of Counsel examine every facet of these cases—from the legality of the search that uncovered the weapon to the sufficiency of the evidence linking the firearm to the accused.
How a Felon-in-Possession Case Proceeds Through the Somerset County Court System
Felon-in-possession charges in Somerset County are indictable offenses, meaning they are handled in the Superior Court rather than the municipal courts. After an arrest, a first appearance and a detention hearing will typically occur within a short time. New Jersey abolished cash bail in 2017, so pretrial release is determined by a Public Safety Assessment risk score rather than the ability to pay. An experienced attorney can present arguments and evidence at the detention hearing to seek pretrial release with the least restrictive conditions.
Once the case is presented to a grand jury and an indictment is returned, the matter proceeds through pretrial discovery, motion practice, and potential plea negotiations. A key feature of New Jersey criminal procedure is the availability of Pre-Trial Intervention (PTI) for some first-time offenders. While PTI is not available for every defendant, Mr. Sris and his Of Counsel evaluate eligibility and, where appropriate, advocate for diversionary relief that can lead to a complete dismissal of the charges upon successful completion.
Penalties and Long-Term Consequences
A felon-in-possession conviction in New Jersey is a serious matter. The charge is generally graded as a second-degree crime when the prior conviction is for a designated violent predicate, carrying a potential sentence of five to ten years of incarceration with a presumption of imprisonment. In other circumstances, the offense may be graded as a third-degree crime, punishable by three to five years of imprisonment. Fines, mandatory penalties, and a permanent criminal record are additional consequences that follow a conviction.
Beyond the immediate sentence, a firearm conviction can affect employment opportunities, professional licensing, and even immigration status. Because the stakes are so high, Mr. Sris and his Of Counsel bring extensive combined legal experience to every case. They examine whether the prior conviction truly qualifies as a predicate, whether the defendant’s knowledge of the firearm can be proven, and whether any constitutional violations occurred during the investigation. Results may vary.
How Mr. Sris and His Of Counsel Defend Felon-in-Possession Charges
With a background as a former prosecutor, Mr. Sris understands how the State builds these cases. He and his Of Counsel scrutinize the search and seizure that led to the discovery of the firearm—if law enforcement conducted an unlawful search or exceeded the scope of a warrant, the evidence may be suppressed. They also challenge the chain of custody, the credibility of witness identifications, and any statements the accused may have made without proper Miranda warnings.
The defense strategy is tailored to the specific facts. Sometimes an appropriate approach is to negotiate a plea to a reduced charge that carries fewer long-term consequences. In other instances, the firm prepares for trial, ready to cross-examine witnesses and present a compelling defense. Mr. Sris and his Of Counsel communicate openly with clients, explaining each step so that you can make informed decisions about your case. Throughout the process, the goal remains constant: to work toward a favorable resolution in the Somerset Vicinage.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., established the firm in 1997 after gaining firsthand trial experience as a former prosecutor. His multi-state practice—admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York—provides a broad perspective on criminal defense. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).
Mr. Sris is supported by a team of Of Counsel attorneys who bring extensive combined legal experience. While Mr. Sris maintains a hands‑on role in case strategy, his Of Counsel contribute substantial criminal litigation knowledge and familiarity with Somerset County court procedures. Collectively, the team has handled matters across multiple practice areas since 1997. Results may vary.
Frequently Asked Questions
What is a felon-in-possession charge in New Jersey?
In New Jersey, the charge commonly referred to as “felon in possession” prohibits certain individuals with prior qualifying convictions from knowingly possessing a firearm. The offense is typically brought as an indictable crime under N.J.S.A. Title 2C. The prosecution must prove both the existence of a prior conviction that falls within the statutory categories and that the defendant knowingly had a firearm. Even a firearm found in a home or vehicle can support the charge. Because the statutory language is technical, an experienced defense attorney can evaluate whether the prior offense truly qualifies and whether the evidence of possession meets the legal standard.
What are the potential penalties for a conviction in Somerset County?
A felon-in-possession conviction can result in a state prison sentence; the length depends on how the offense is graded. If charged as a second-degree crime—often the case when the prior conviction is for a violent offense—the court may impose five to ten years of incarceration with a mandatory period of parole ineligibility. A third-degree grading carries a potential sentence of three to five years. Fines and other penalties also apply. Because New Jersey’s bail reform eliminated cash bail, a defendant may be detained pretrial based on a risk assessment, making early legal representation critical. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Can a previously convicted person ever legally own a firearm in New Jersey?
In many cases, a person with a prior qualifying conviction is permanently barred from possessing firearms under New Jersey law. There are limited pathways to seek relief, such as a governor’s pardon or, in some narrow circumstances, an application for a certificate of rehabilitation. However, these remedies are rare and fact‑specific. The trusted way to understand what options may be available to you is to have your criminal history and the current charge reviewed by an experienced lawyer who understands New Jersey’s “certain persons” firearm prohibitions. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
What should I do if I am arrested for felon in possession in Somerset County?
If you are arrested, invoke your right to remain silent and ask to speak with an attorney immediately. Do not discuss the facts with law enforcement or anyone else. After the arrest, a detention hearing will be scheduled, and the judge will decide whether you will be released or held pending trial. Having counsel present at that hearing is critical because the attorney can argue for the least restrictive conditions. Preserve any documents, photos, or messages that may relate to the firearm or your whereabouts. For a consultation about your arrest in Somerset County, reach Mr. Sris and his Of Counsel at (888) 437-7747.
How can a lawyer defend against a felon-in-possession charge?
An effective defense may challenge the legality of the search, the sufficiency of the evidence, or the qualification of the prior conviction. If police conducted a warrantless search without a valid exception, the firearm might be suppressed. The defense can also argue that the defendant did not knowingly possess the weapon—for example, if the firearm belonged to someone else and the defendant was unaware of its presence. Additionally, the prior conviction must meet the specific legal definition under N.J.S.A. Title 2C; if it does not, the charge cannot stand. Mr. Sris and his Of Counsel investigate every angle to build a well‑prepared defense. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Is Pre-Trial Intervention (PTI) available for felon-in-possession charges?
PTI is generally available for certain first‑time indictable offenders, but eligibility for a firearm charge depends on the facts and the prosecutor’s consent. In Somerset County, the PTI program allows a defendant to complete a period of supervision. If all conditions are met, the charges are dismissed, and the arrest record may be eligible for expungement. However, prosecutors often oppose PTI for weapons offenses. Having an attorney who can present a strong case for admission—highlighting employment history, community ties, and the absence of violence—can improve the chances of being accepted into the program. For a consultation about your eligibility, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
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