Does New Jersey Have Bail Hearings for Possession of a Gun?
Bail has seen a drastic shift since reform legislation became effective on January 17, 2017. Detained defendants must now be indicted within 90 days, which has caused a monumental shift in the number or defendants being incarcerated pretrial. Nevertheless, law enforcement offices and prosecutors are arresting and detaining individuals facing gun charges involving unlawful possession of a handgun, possession of a weapon for an unlawful purpose, certain persons and unlawful possession of a weapon. Depending on the nature of your charges and your prior criminal history, you could be facing ten (10) years in a State prison and mandatory periods of parole ineligibility. It is imperative that you fight to be released at your first appearance before the judge. For an immediate consultation with a criminal defense attorney, please call 609-832-3202.
What Happens at a Detention Hearing?
When you are arrested on a Warrant Complaint in New Jersey, you will be brought before a judge. The Prosecutor’s Office will review the charges to determine if they will file a motion for Pretrial Detention or if they will Release your on your own Recognizance (“ROR”). For charges involving possession of a weapon for an unlawful purpose or unlawful possession of a gun, the Prosecutor may file a motion for Pretrial Detention. Other charges that typically involve motions for pretrial detention include:
First or second degree offenses enumerated under N.J.S.A. 2c:43-7.2(d)
Charges that subject the defendant to an ordinary or extended term of life imprisonment;
Charges where the defendant’s criminal history reflects convictions for two or more offenses for either of the above categories;
Charges under N.J.S.A. 2c:7-2(2)(b)(2) or charges involving human trafficking pursuant to N.J.S.A. 2c:13-8(1) or N.J.S.A. 52:17B-237 et al. when the victim is a minor or the crime of endangering the welfare of a child under N.J.S.A. 2c:24-4;
Charges under N.J.S.A. 2c:43-6(c);
Charges involving domestic violence as defined in N.J.S.A. 2c:25-19(3)(a); or
Any other crime for which the prosecutor believes there is a serious risk that: (a) defendant will not appear in court as required; (b) defendant will pose a danger to any other person or the community; or (c) defendant will obstruct or attempt to obstruct justice, or threaten, injure, or intimidate, or attempt to threaten, injure or intimidate, a prospective witness or juror.
Under the “catch-all” provision of section 7, the court can order detention only when it finds by clear and convincing evidence that no conditions of release can satisfy the three risks noted above. This is the most commonly argued portion to any detention hearing and it is imperative that your attorney competently argue this issue. If you are ordered detained pretrial, you will have no recourse for release unless you successfully appeal your detention hearing, reopen your detention hearing (and successfully argue for release) or have your case dismissed and/or completed at trial.
To reopen a case, new information may have come to light not known to the parties at the time of the hearing. However, this new information must relate to the probable cause supporting the complaint or the factors listed under section 7.
Detention Hearing Lawyers near Camden County New Jersey
There are a variety of arguments that Camden County Pretrial Detention Attorney can raise on your behalf to win your pretrial release for criminal charges involving gun possession in New Jersey. Depending on the circumstances, we may focus on the Public Safety Assessment (PSA), Lack of Probable Cause, Statutory Presumption of Release or Individualized Mitigation Factors. Contact our office today to discuss the Pretrial Detention Process and Bail Hearings in New Jersey. Firm Partner, William C. Fay, IV, Esq., has represented clients dealing with pretrial detention motions throughout New Jersey and is available to provide assistance in your time of need. We can be reached 24/7 to assist you at 609-832-3202.
Does New Jersey Have Bail Hearings for Possession of a Gun? Bail has seen a drastic shift since reform legislation became effective on January 17, 2017. Detained defendants must now be indicted within 90 days, which has caused a monumental shift in the number or defendants being incarcerated pretrial. Nevertheless, […]
When Can Police Search a Car for Guns? One of the most common questions we are asked at our office is “can the police search my car without consent”? Unfortunately, the answer is complicated and depends on the facts of case. While the Constitution provides protection from unreasonable searches and […]
Pre-Trial Intervention for Unlawful Gun Possession in NJ New Jersey has some of the toughest gun laws in the country. If you are caught in possession of a handgun, rifle or the like, without the lawful permits or caught driving without your lawful weapon properly secured, then you will be […]
"William handled a matter for me and exceeded my expectations. He was excellent in
all areas of the law and achieved an outstanding result. Best of all,he demonstrates honesty and integrity. I
would highly recommend William and already have."
"I was so scared and nervous about my legal situation but Mr. Fay did an outstanding
job with my case!!! I was so relieved with the outcome and he worked so hard for me! He was so calm and
understanding and I’m so grateful for him. Thank you so very much for helping me! I am so grateful
"All Charges Dropped & Expunged"
"William defended me in my marijuana + paraphernalia case, he had all charges
dropped and expunged! Despite the fact I was long past conditional discharges/probation, etc. He has a sharp wit
and a bright future ahead of him as an attorney. Thanks again Will!"
"Mr. Fay is a fantastic lawyer. He helped me during a very stressful time in my
life. He was knowledgeable about my case and what my options were. He answered all my questions and was very
reassuring. He was there waiting for me at the entrance on my court date and made me feel at ease. He worked
with the prosecutor to reduce my charges. I got the best outcome I could have hoped for. I highly recommend Mr.
Fay if you need a lawyer."
"I was arrested and summoned to court for possession of marijuana, even though I
didn't have any on me. It was my first time getting in trouble and I was terrified and nervous. Mr. Fay came
into court prepared and was extremely assuring. He made it very clear that he was going to fight for my case
until the very end. He was extremely knowledgable about my case and the ways to resolve it. I would recommend
Mr. Fay to anyone who has gotten into trouble."
"Excellent lawyer. Highly recommended."
"Mr. Fay is extremely caring and knowledgeable. He took the time to explain the
entire process in a very clear manner and was a tremendous help during a stressful time. He was always available
to take a phone call and really showed that he cared about me and my case. I highly recommend Mr. Fay as an
"Great lawyer. Created a best possible outcome for my case."
"Amazing job, explains very clearly"
"He did a fantastic job on my case, making my penalty much less than I thought it
could possibly be. He clearly understands what he is doing and can explain everything in a way that anyone can
understand. Any questions I had were answered very clearly and he listened to all small details of my case."
The intention to distribute or transport illegal drugs (controlled dangerous substances) on a grand scale, either nationwide or internationally, is drug trafficking. While possessing certain drugs in New Jersey is unlawful, possessing large quantities of illicit drugs may be evidence of an intent to sell illegal drugs. In other words, […]
You might mistake car burglary for a different crime, like theft. Burglary is a term most associated with house invasions but breaking into a car or a house is no different in the eyes of the law. The penalties are equally severe under New Jersey statute 2C:18-2. You could face […]
Deep Dive into Field Sobriety Tests for DWI in New Jersey What are Standardized Field Sobriety Tests (SFST)? Standardized Field Sobriety Tests (SFST) are standardized tests law enforcement uses on the roads and other public places to test drivers for impaired driving due to alcohol or drugs. When are SFST’s […]
If you or someone you love has been charged with a criminal or DUI offense in New Jersey, finding the
answers you need to make informed decisions is critical. Complete our contact form to request your free
consultation or contact 609-832-3202
We are available 24/7 Nights and Weekends to Provide Free Consultations | Hablamos Español