Felon in Possession Lawyer New Jersey, NJ
If you or someone you care about is facing a charge for unlawful gun possession as a convicted felon, the situation can feel overwhelming. New Jersey takes firearms offenses seriously, and a conviction can alter the course of your life. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel bring extensive combined legal experience to defend people accused of weapons crimes in New Jersey. We understand the local court procedures, the law under the New Jersey Code of Criminal Justice, and the range of consequences you may be facing. The firm has documented case results across all practice areas since 1997. Results may vary. For immediate guidance, reach our firm at (888) 437-7747.
What Felon in Possession Means in New Jersey
New Jersey law prohibits individuals with certain felony-level convictions from owning, purchasing, or possessing firearms. Even a single firearm found in the possession of a person with a disqualifying record can lead to an indictable offense prosecuted in Superior Court. The severity of the charge depends on factors such as the person’s prior criminal history and whether the weapon was used or carried during another offense. A conviction can carry a presumption of imprisonment and heavy fines. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
New Jersey’s criminal justice landscape is shaped by the 2017 Criminal Justice Reform Act, which abolished cash bail. Pretrial release decisions are now based on a computer-generated Public Safety Assessment that measures flight risk and danger, not the ability to pay. This means a person arrested on a weapons charge may be detained before trial if the court finds clear and convincing evidence that no release conditions can ensure public safety. Mr. Sris and his Of Counsel are experienced in advocating for release and challenging the detention motion at the initial hearing.
How Mr. Sris and His Of Counsel Handle Felon in Possession Cases
Defending a felon-in-possession case requires a careful review of the evidence, the police procedures, and the defendant’s criminal record. Mr. Sris and his Of Counsel scrutinize the search and seizure that led to the weapon’s discovery, the chain of custody of the firearm, and the legal basis for the stop or arrest. Where procedural violations exist, we may seek to have the evidence suppressed.
Additionally, we explore the underlying disqualifying conviction. In some cases, an earlier conviction may be subject to post-conviction relief or even a pardon, which could remove the disability under New Jersey law. For first-time offenders facing an indictable weapons charge, diversionary programs like Pre-Trial Intervention (PTI) may be a possibility, although eligibility is limited for certain violent offenses. PTI allows a person to complete a period of supervision and, upon successful completion, have the charge dismissed. We present arguments for admission where the law allows. Our goal is to work toward a resolution that protects your record and your future.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris is a former prosecutor who founded Law Offices Of SRIS, P.C. in 1997. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).
The firm’s Of Counsel attorneys bring extensive courtroom experience to the defense of criminal cases in New Jersey. Collectively, Mr. Sris and his Of Counsel have documented case results across multiple practice areas since 1997. Results may vary. The team’s insight into prosecution strategies and local court practices enables us to craft a defense tailored to the circumstances of each client. Reach our firm at (888) 437-7747 to schedule a consultation.
Frequently Asked Questions
What are the penalties for a felon in possession charge in New Jersey?
A conviction for unlawful possession of a firearm by a convicted felon is an indictable crime that can result in state prison time, substantial fines, and a mandatory period of parole ineligibility. The degree of the charge—second degree or third degree—depends on the defendant’s prior record and the circumstances. A second-degree conviction carries a presumption of imprisonment of five to ten years, while a third-degree crime can result in three to five years. The court may also impose fines, restitution, and a permanent criminal record. Given the stakes, having an experienced attorney is critical.
Can a felon in possession charge be dropped or reduced?
It is possible for a felon-in-possession charge to be dismissed, reduced, or diverted through pretrial resolution, but success depends on the facts of the case and the quality of the defense. If evidence was obtained through an unlawful search or seizure, a motion to suppress may lead to the charge being dropped. In some situations, a defendant may negotiate a plea to a lesser disorderly persons offense, which avoids the severe consequences of an indictable conviction. Diversion through Pre-Trial Intervention may be an option for first-time offenders, though eligibility for weapons offenses is limited. An experienced defense lawyer can assess your case and pursue favorable outcomes.
How does New Jersey’s bail reform affect a weapons charge?
Because New Jersey eliminated cash bail in 2017, a person accused of a felon-in-possession offense cannot simply pay money to be released. Instead, a judge decides whether to detain the person based on a risk assessment tool and a required hearing. The prosecution must show by clear and convincing evidence that no release conditions will protect the community or ensure the defendant’s return to court. Mr. Sris and his Of Counsel are experienced at challenging the state’s detention motion and arguing for release under appropriate conditions.
Do I need a lawyer for a felon in possession charge?
Yes, you need a qualified criminal defense lawyer if you are facing a felon-in-possession charge in New Jersey. These charges are serious and can lead to years of incarceration. An experienced attorney can examine the evidence, identify constitutional violations, negotiate with prosecutors, and represent you at every stage of the case. Without legal representation, you risk accepting a plea that does not serve your best interests or missing opportunities to challenge the state’s evidence effectively.
What is Pre-Trial Intervention (PTI) and can it help in a weapons case?
Pre-Trial Intervention (PTI) is a diversionary program for first-time indictable offenders in New Jersey that allows a participant to earn a dismissal of the charge after completing a period of supervision. Admission to PTI is discretionary and is generally not available for serious weapons offenses involving a presumption of imprisonment. However, a skilled defense attorney can present compelling arguments for PTI admission depending on the specific facts of the case, the defendant’s background, and the nature of the weapons charge. If PTI is not an option, other post-conviction relief may be available.
To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Explore Our New Jersey Criminal Defense Services
Mr. Sris and his Of Counsel serve clients across New Jersey. Our firm handles criminal matters in numerous counties, including:
Hunterdon County,
Somerset County,
Morris County,
Bergen County, and
Monmouth County.
New Jersey Law and Court Resources
For more information about New Jersey’s criminal laws and court system, refer to these official sources:
New Jersey Courts and
New Jersey Legislature.
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Results may vary.