Client Avoids Mandatory Jail on Gun Charge in Monmouth County
Holmdel NJ Unlawful Possession of a Weapon Charge Results in Pre-Trial Intervention (PTI) Program Admission
The criminal defense lawyers at Proetta & Oliver were able to secure their client’s admission into the Pretrial Intervention Program this week on unlawful possession of a weapon charges in Monmouth County, New Jersey. Our client was arrested and charged with unlawful possession of a weapon (firearm), in violation of NJSA 2C:39-5b, unlawful possession of hollow point bullets in violation of NJSA 2C:39-3f and possession of marijuana in violation of NJSA 2C:35-10a(4) in Holmdel Township earlier this year. The charges stemmed from what started out as a routine traffic stop on the Garden State Parkway by a New Jersey State Trooper. When the trooper approached the passenger side window, he claimed that he immediately noticed that our client had a firearm sitting on his lap in plain view. As a result, all of the occupants were removed from the vehicle one-by-one. A subsequent search of the motor vehicle was conducted and located inside the vehicle was an additional firearm, as well as several ounces of marijuana.
Our client and another passenger were arrested and taken to the Monmouth County Jail in nearby Freehold, NJ. At our client’s Central Judicial Processing Hearing, the Monmouth County Prosecutor’s Office filed for a Detention Hearing. At this point, our client’s family formally retained our office. At the Detention Hearing our office was able to secure the client’s release from custody. At the Pre-Indictment Conference, our office was able to provide the prosecution with enough mitigating factors in order to secure what is known as a Graves Act Waiver. This waiver allowed for our client to apply for the Pretrial Intervention Program on unlawful possession of a weapon charges. He was formally accepted and placed in the program for a term of one year. If the client abides by all the conditions, the charges will be outright dismissed. On the unlawful possession of a weapon charge alone our client was facing a mandatory minimum five years in a New Jersey State Prison with a forty-two month parole ineligibility period, pursuant to the Graves Act.
This was a tremendous outcome for our client, not only was he able to avoid the mandatory incarceration but he is given the opportunity to walk away from this nightmare, not only avoiding a State Prison sentence but without a felony criminal record as well. If our client successfully completes the Pretrial Intervention Program he will be able to file for an expungement of his arrest within six months of his completion. So in eighteen months, the client will have his arrest record completely erased as well.
Gun Lawyers in Freehold, New Jersey
Proetta & Oliver is a Monmouth County based criminal defense firm that defends those accused of not only serious felony offenses but disorderly persons offenses as well as traffic offenses to. If you have been arrested and charged with a crime or issued a summons for driving under the influence in Monmouth County, NJ, we can help. If you would like to speak to one of our Monmouth County criminal defense attorneys today about your options, then please call our Middletown Office at 732-858-6959 or you can contact us online. We serve the entire Monmouth County area, including towns like Middletown, Homldel, Howell, Tinton Falls, Asbury Park, Long Branch, Wall Township, Ocean Township, Englishtown, Freehold and Keansburg. As always, our initial consultations are free of costs, so if you have any questions please do not hesitate to contact us today.
State v. C.W. (2018)