2nd Degree Handgun Indictment Dismissed


We recently defended a client who had been indicted for second degree Unlawful Possession of a Weapon, second degree Possession of a Weapon for Unlawful Purposes, and fourth degree Possession of a Controlled Dangerous Substance (CDS) for “Molly” after police arrested him for possession of handgun and a drugs. Each second degree weapon charge carries 5 – 10 years in state prison with a presumption of incarceration and a mandatory 3 years of parole ineligibility in accordance with The Graves Act. Meanwhile, the fourth degree CDS charge carries an additional 18 months in state prison. This meant that our client was facing a total of 21 1/2 years in state prison with 6 years of parole ineligibility if our client lost at trial. To make matters worse, our client had an extensive criminal record including federal charges where he had served prior incarceration.

Indicted on Gun & Drugs – Walks Out with Petty Misdemeanor

As part of discovery, the handgun that the cops confiscated was sent to forensics for latent fingerprint testing. When the results showed that our client’s prints were not on the handgun, we made a motion to dismiss both counts of the indictment for the second degree weapons charges. A Superior Court Judge granted the motion and dismissed part of the indictment, leaving only the fourth degree CDS crime. At that point, our attorneys challenged the constitutionality of the search and seizure of the drugs by the police and we were able to convince the County Prosecutor to downgrade and amend the charge from the felony to a petty disorderly persons offense for Loitering to Obtain CDS. Our client went from facing a lengthy mandatory state prison term and multiple felony convictions, to being able to simply walk out of court with probation and no loss of license. If you or your loved one has been charged and arrested for unlawful possession of a weapon or gun, then contact our office at (908) 838-0150 for a free consultation with an experienced criminal attorney.

State v. J.B.

With more than a decade of experience defending clients against criminal charges, founding partner William A. Proetta has successfully handled and tried thousands of cases, from DWI to murder. As a New Jersey native, he has focused his career on helping people in the area where he grew up, serving Middlesex, Ocean, Hudson, and Union counties.