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WEAPONS Forfeiture New Jersey
Licenses/firearms can be subject to forfeiture for most criminal charges and convictions, especially in the domestic violence context. Police officers are required by law to confiscate all weapons/licenses if there is probable cause to believe that violence has occurred, or that the accused poses a threat to the public or any person. The State will have forty-five (45) days from the date of the seizure to seek forfeiture of those weapons, otherwise seized property should be returned to the rightful owner.
In the domestic violence context, weapons should be returned to the owner under the following circumstances:
(a) the State does not institute an action within 45 days of seizure, the seized weapons shall be returned to the owner, see NJ 2C:25-21(d)(3); and/or
(b) The family court does not find that the owner poses a threat to the public or any person. See e.g. In re Return of Weapons of J.W.D., 290 N.J. Super. 451 (App.Div.1996).
EXPUNGEMENTS
After you are arrested, a criminal background check will reveal the arrest even if the charge(s) were later dismissed. Often times people wish to clear their name from the public record of any arrest (or conviction) to avoid the negative stigma or perception of a potential employer, educational institution or company who wishes to conduct a background check. Nj.gov provides resources to common questions about the expungement process:
An expungement is the removal and isolation of all records on file within any court, detention or correctional facility, law enforcement, criminal justice agency or juvenile justice agency concerning a person's apprehension, arrest, detention, trial or disposition of an offense within the criminal or juvenile justice system. Unless otherwise provided by law, if an order for expungement is granted, the adult arrest, the record of law enforcement taking you into custody as a juvenile, conviction, adjudication of delinquency, disposition and any related proceedings are considered not to have occurred. See the section on Comparison of Adult and Juvenile Terms for a glossary of terms that are specific to juvenile court.
The New Jersey expungement law states in detail who is eligible for an expungement. You can refer to the current applicable provisions of N.J.S.A. 2C:52-1 through N.J.S.A. 2C:52-32 to determine if you are eligible. We help our clients prepare and file a Petition for Expungement and present all applicable information so that the Court can determine the issuance of an Expungement Order.
If you have any questions, or would like to know if you qualify for an expungement, call us today!
DRUG CHARGES
Whether you have been charged with possession or a sale, we can help.
The drug laws in the United States carry serious consequences. If convicted, you may be exposed to substantial fines, penalties and the potential for lengthy periods of incarceration. Whether you have been charged with a low level marijuana offense in New York or New Jersey, or you have been charged with interstate trafficking related offenses at the federal level, you need experienced attorneys by your side.
Our firm handles defense against all drug offenses such as possession, manufacturing, distribution, sale and trafficking of controlled substances, including heroin, methamphetamines, cocaine, psilocybin, marijuana etc., and prescription drugs (narcotics, barbiturates, etc). We also represent clients facing medical marijuana related offenses and handle complex cases involving distribution at the federal level. Call us today.
