Probation is a legal arrangement where a convicted person serves their sentence in the community under the supervision of a probation officer. They must follow court-imposed rules, such as meeting with the officer, adhering to restrictions, and completing community service or other requirements. It’s an alternative to incarceration that focuses on rehabilitation and accountability.
Whether probation is granted for a gun charge depends on several factors, including the nature of the offense, the defendant’s criminal history, and the specifics of the case. In certain instances, individuals charged with non-violent offenses such as unlawful possession of a weapon might be considered for probation, especially if they have no prior criminal record. However, for more serious gun-related charges, such as possession for an unlawful purpose or aggravated assault with a firearm, probation is less common.
If you are facing a gun-related charge in New Jersey, seek guidance and support from our experienced Atlantic City gun defense attorneys at the Lombardo Law Group, LLC by dialing (609) 445-4300.
Can Probation Be Granted for a Gun Charge in New Jersey?
New Jersey has relatively strict gun laws, and certain offenses may carry mandatory minimum sentences or ineligibility for probation. However, for certain non-violent offenses or cases where the defendant has no prior criminal record, probation may be considered as a sentencing option. The decision to grant probation for a gun charge ultimately rests with the judge presiding over the case, who will weigh the relevant factors before making their decision. Such factors may include the type of gun charge, the circumstances surrounding the arrest, and the defendant’s criminal history.
Fortunately, our Mays Landing, NJ criminal defense attorneys are well-versed in New Jersey’s gun laws. During your free case review, we can provide the most accurate and up-to-date information regarding the potential for probation in your gun-related case.
Types of Gun-Related Charges You May Get Probation for in New Jersey
There are several different types of gun-related charges that you may get probation for in New Jersey. For instance, probation may serve as a sentencing alternative if you have been accused of any of the following:
Unlawful Possession of a Weapon (UPW)
In certain cases of Unlawful Possession of a Weapon, probation might be considered for defendants. This could occur when the circumstances of the possession are less severe, such as possessing a firearm without proper documentation but without any intent to use it unlawfully. Defendants with no prior criminal history and who can demonstrate that the possession was a one-time mistake might have a better chance of being considered for probation.
Possession of Certain Prohibited Weapons
For charges related to Possession of Certain Prohibited Weapons, probation might be a possibility if the defendant can show that they were unaware of the weapon’s prohibited status or if there are extenuating circumstances surrounding the possession. A strong defense argument could involve proving a lack of knowledge about the weapon’s classification and a commitment to adhering to the law going forward.
Unlawful Discharge of a Firearm
In cases of Unlawful Discharge of a Firearm where no harm or minimal harm resulted, probation could be a consideration. Defendants might argue that the discharge was accidental, due to unforeseen circumstances, or a result of a lack of proper training. Demonstrating remorse and a commitment to firearm safety measures could increase the chances of receiving probation.
What is the Purpose of Probation in New Jersey?
The purpose of probation is multi-faceted and serves several key objectives within the criminal justice system. For example, the following are all potential benefits that probation offers:
Rehabilitation
Probation prioritizes rehabilitation by allowing individuals to work on addressing the underlying causes of their criminal behavior. Through access to counseling, therapy, educational programs, and vocational training, probation aims to equip individuals with the tools and skills needed to reintegrate successfully into society. This approach acknowledges that many individuals may have personal challenges, such as substance abuse or mental health issues, that contribute to their involvement in criminal activities. By focusing on rehabilitation, probation seeks to break the cycle of crime and provide a chance for positive change.
Community Safety
Ensuring public safety is a fundamental objective of probation. By closely supervising individuals in the community, probation officers can monitor their activities, interactions, and compliance with court-ordered restrictions. This proactive oversight helps mitigate the risk of further criminal behavior and potential harm to others. Through regular check-ins, drug testing, and electronic monitoring, authorities can intervene swiftly if an individual’s behavior shows signs of becoming a threat to the community.
Punishment and Accountability
Probation serves as a form of punishment that holds individuals accountable for their actions without resorting to full incarceration. By imposing conditions such as mandatory community service, restitution to victims, or participation in rehabilitation programs, probation ensures that individuals experience consequences for their criminal behavior. This accountability acknowledges the harm caused while still providing an opportunity for personal growth and change.
Cost-Efficiency
In comparison to incarceration, probation is often a more cost-effective approach. Incarceration involves significant expenses related to housing, food, healthcare, and security. Probation allows individuals to remain in the community while being supervised, reducing the burden on correctional facilities and freeing resources that can be allocated towards rehabilitation and support programs. This cost-efficient aspect of probation aligns with the goal of achieving positive outcomes for both individuals and society.
Individualized Approach
Probation recognizes that a one-size-fits-all approach is not effective for rehabilitation. Each individual may have unique circumstances that contributed to their involvement in criminal activities. Probation officers work to understand these factors and tailor the conditions of probation to address specific needs. Whether it’s offering substance abuse treatment, mental health counseling, anger management, or job training, the individualized approach increases the chances of successful reintegration into society and reduces the risk of repeat offenses.
Contact Our Criminal Defense Lawyers for Help with Your Case in New Jersey
Seek assistance from our experienced Camden County criminal defense attorneys by calling the Lombardo Law Group, LLC at (609) 445-4300 for a free case review.
Many of us have seen characters from our favorite movies and television shows “plead the fifth,” but what does that mean? The Fifth Amendment to the U.S. Constitution establishes the right against self-incrimination. Essentially, someone who pleads the fifth is invoking their right to remain silent so that they may avoid answering questions or providing information that is self-incriminating. In New Jersey, this precedent has been established through common law and has been incorporated into the New Jersey Rules of Evidence.
You can invoke the fifth amendment in a New Jersey criminal case to avoid testifying. Furthermore, your silence or refusal to answer questions during a custodial interrogation cannot be used against you during a criminal trial. Still, the guidance of our attorneys can be very helpful when deciding whether to plead the fifth in your case.
Contact our experienced Atlantic City criminal defense lawyers for help fighting charges and protecting your interests. Speak with our team at Lombardo Law Group, LLC today by calling (609) 445-4300 for a free case review.
The Right Against Self-Incrimination in New Jersey
The right against self-incrimination is set forth by the Fifth Amendment to the U.S. Constitution. Essentially, this amendment affords criminal defendants the right to refrain from testifying against themselves. While in a custodial interrogation or other form of post-arrest interrogation, this privilege entails the so-called “right to remain silent.”
According to the Supreme Court case of Malloy v. Hogan, defendants in both federal and state criminal cases may plead the fifth. Furthermore, the right against self-incrimination has been established through New Jersey common law and has been established under NJ Rules of Evidence 501-503
Fortunately, at trial and during custodial interrogations in criminal cases, your decision to plead the fifth cannot be used to infer that you are guilty. Still, those who do not understand their rights can be taken advantage of. Our attorneys will help you confidently decide when invoking the fifth is the right decision in your case.
Why is the Fifth Amendment Important in New Jersey Criminal Cases?
The right against self-incrimination set forth by the Fifth Amendment is crucially important for our justice system. No one should be forced to confess against themselves. The right against self-incrimination protects the interests of criminal defendants and keeps them from being taken advantage of. Furthermore, it forces governments to actually prove defendants’ guilt as opposed to convicting them on mere suspicion.
Without the right to remain silent, your silence could be used against you. This would give defendants the tough choice between remaining silent and having that used against you, telling the truth and having that used against you, or lying and being convicted of perjury. This right is important because it allows you an option that does not hurt your case.
The right against self-incrimination is now a crucial part of our judicial system. In some cases, it may be necessary to keep the accused out of jail. Thankfully, our Atlantic County criminal defense lawyers can help utilize the right against self-incrimination effectively in your case.
Can Witnesses Plead the Fifth in New Jersey Criminal Cases?
Like defendants, witnesses in criminal cases may also plead the fifth in order to avoid testimony that is self-incriminating. Witnesses that face subpoenas to testify must appear for their testimony. However, they may refuse to answer any questions that they consider to be self-incriminating.
For example, a witness may decline to answer a question that they fear will implicate them in a crime. Furthermore, the criminal activity at issue does not have to pertain to the case in which the witness is testifying.
In certain cases, the prosecution may offer a witnesses immunity as a trade for their potentially incriminating testimony. If a witness is afforded immunity from prosecution, then they cannot face charges related to any incriminating statements they made during their testimony and cannot plead the fifth.
What Happens if a Police Officer in New Jersey Does Not Read Your Miranda Rights Upon Your Arrest?
A relatively common violation of the right against self-incrimination occurs when police officers fail to read defendants’ Miranda rights during custodial interrogations. The reading of these rights may also be referred to as a “Miranda Warning.”
The requirement that police officers read the Miranda rights to those being arrested has been established through the Supreme Court case of Miranda v. Arizona. In Miranda, the defendant confessed to a crime while under police questioning. However, their lawyer argued that their client was not informed that they were not obliged to speak the police or that he could request legal counsel. The Court decided that statements from the defendant’s interrogation could not be utilized unless the prosecution demonstrated the use of procedural safeguards that effectively secure the right against self-incrimination.
Therefore, during a custodial interrogation, a police officer must inform a suspect in custody of their right to remain silent and have an attorney. If the officer does not provide a Miranda Warning, then their conduct will constitute a violation of the defendant’s rights and any evidence obtained by virtue of that violation must be dismissed. If you were not notified of your Miranda rights while under custodial interrogation, then you should contact our Mays Landing criminal defense attorneys as soon as possible.
Criminal Defendants in New Jersey Can Call Our Law Firm for Help
Defendants in criminal cases can seek assistance from our experienced Camden County criminal defense lawyers by calling the Lombardo Law Group, LLC at (609) 445-4300 for a free case assessment.
Your right to own a gun is established within the Second Amendment of our Constitution. However, even though gun ownership is considered a constitutional right, guns are heavily regulated. You must apply to obtain a gun permit in New Jersey and meet various criteria and conditions. If you provide false or misleading information in your application, you could be in big legal trouble.
Lying on a gun permit application is a crime. The government has a significant interest in keeping guns away from people who are potentially dangerous or unstable and relies on the honesty of applicants when determining who gets a permit. You could be criminally charged with several offenses if you lie on your gun permit application.
If you provided false information when applying for a gun permit, you should speak with a lawyer immediately. The sooner our Atlantic City criminal defense attorneys can straighten out the situation, the better. Contact our team at the Lombardo Law Group, LLC for a free case review. Call us at (609) 445-4300 for assistance.
Criminal Charges for Lying on a Gun Permit Application in NJ
The state depends on citizens reporting accurate information when applying for a gun permit. When people lie on their applications, we risk providing gun permits to people who should not have access to dangerous weapons. There are multiple possible criminal charges for people who lie on their gun permit applications. Our New Jersey weapons charges defense attorneys can advise you on your charges.
False Application
There is a unique criminal charge specifically for people who lie on gun permit applications. You may be charged under N.J.S.A. § 2C:39-10 for making a false application. According to the law, a person who knowingly provides false or misleading information to obtain a purchaser ID card or a permit to carry, purchase, or possess a gun may be charged with a third-degree crime.
Obstruction of the Administration of Justice
When a person lies to obtain a gun permit, they are essentially preventing the state from doing its job to keep guns in safe hands. As such, you may be criminally charged with obstruction of the administration of the law under N.J.S.A. § 2C:29-1. Obstruction charges may be applied in any instance of interfering with government duties. For lying on a gun permit application in New Jersey, you could be charged with a disorderly persons offense.
Unlawful Possession
If your false application is successful and you obtain a gun permit, and you use your permit to buy a gun, you could be charged with unlawful possession of weapons under N.J.S.A. § 2C:39-5. The gun permit is not considered lawful and valid if you lied on your application, any gun or weapon you possess under the permit may be equally unlawful, and you could be charged with a second or third-degree crime based on what kind of weapon you had. If you falsely obtained a gun permit as a person restricted from owning or possessing a gun under N.J.S.A. § 2C:39-7, you might face additional charges.
Reasons People Lie on Gun Permit Applications in NJ
The reasons people lie on gun permit applications do not matter when it comes to assessing criminal charges. As long as you knew the information you provided was false, you may be charged with numerous offenses. Some defendants think that they can avoid criminal penalties if their reasons for lying are somehow justified. While you may be able to defend yourself against the charges, there is rarely a circumstance where intentionally lying to the government can be justified.
Many gun permit applicants lie because they know they would otherwise be denied a permit. As mentioned above, certain people may be restricted from having a gun. People with criminal backgrounds, mental health issues, or substance abuse problems could be restricted from having guns. People frequently lie about their past on gun permit applications because they know they are restricted and will be denied if they tell the truth.
Unfortunately, many defendants are charged because they submitted false information by mistake. Perhaps you mixed up a few digits in your social security number or listed an old address on accident. While you may defend yourself, you may need to prove your false application was accidental. Our Linwood criminal defense lawyers can help you prove your actions were accidental and not intentional.
What Should I Do if I Accidentally Gave False Info on an NJ Gun Permit Application?
If you were criminally charged for lying on a gun permit application, but your “lie” was just an error, you might be feeling scared and overwhelmed. Law enforcement will not simply drop your charges because you claim the situation is a big misunderstanding. You will need to prove you did not intentionally lie. Our Egg Harbor Township criminal defense attorneys can help you demonstrate that the misinformation on your gun permit application was a mistake, not intentional.
You might have a defense to charges for filing a false application if you did not knowingly provide the false information. The statute requires that the defendant make a false application knowingly, meaning they must have known they were submitting false information to obtain a gun permit. If you submitted the false information by mistake, you can argue that the false application was made unknowingly, so you should not be charged.
Once you become aware of the mistake, hire an attorney and contact the authorities immediately. The longer you know about the mistake and do not report it or make attempts to rectify it, the more likely your charges will stick. If you decide to accept the gun permit even though it was granted based on a false application, the government may be more inclined to believe you knew about the lie from the start. Even if you did not knowingly submit the false information, you could still be guilty if you did not report the mistake once discovered.
Call Our NJ Gun Charges Defense Lawyers
Our Mays Landing criminal defense attorneys can assist you if you are charged with lying on your gun permit application or related crimes. At the Lombardo Law Group, LLC, we can perform a free case review and get you on the right path. Call our firm at (609) 445-4300 for help now.
Being arrested or convicted for a crime can be a traumatizing experience for any person. After serving your time for a criminal conviction or carrying out any punishments handed down by the court, you should be able to continue living your life. However, this can be difficult with an ever-looming criminal record. If you or a family member need help to apply for a criminal record expungement, contact an experienced New Jersey record expungement lawyer today. The Lombardo Law Group, LLC is ready to provide you with the legal representation you deserve to pursue a clean slate. Our firm is here to explain how to get a criminal record wiped or expunged in New Jersey.
Guide to Filing a Petition for Criminal Record Expungement in New Jersey
The expungement of a criminal record can conceal a person’s criminal past from the public. An expungement can change a person’s life because of the impact a criminal record can have on a person’s personal and professional life. For example, it could be difficult to secure an apartment with a criminal record. Other issues caused by a criminal record may include:
- Difficulty finding gainful employment
- Problems receiving student loans to attend college
- Decreased likelihood of receiving loans for an automobile or mortgage
- Loss of the right to vote in elections
A successful filing of a petition for criminal record expungement can help with the above problems and many other issues.
Eligibility for Criminal Record Expungement in New Jersey
When determining eligibility for a criminal record expungement, there are multiple factors that must be considered. For example, if you have been convicted of multiple crimes, this can affect your ability to qualify for an expungement.
In New Jersey, a person can receive a record expungement for an indictable offense. An indictable offense is a crime that is punishable by at least six months in jail. However, it is also possible to request an expungement for a summary offense that is punishable by less than six months of jail time.
It is also important to note that there are some crimes that are not eligible for expungement; these crimes include:
- Aggravated criminal sexual contact with an adult or minor
- Arson
- Criminal homicide (not including vehicular manslaughter)
- Possessing or distributing child pornography
- Operating a child pornography network
- Kidnapping
- Human trafficking
- Perjury
- Robbery
- Terrorism or the creation of chemical weapons to commit terrorism
This is not an exhaustive list. There are other offenses that could make it impossible to receive a clean slate from a record expungement. There also are many other factors in determining eligibility, like whether a crime was committed as an adult or a juvenile.
Gather Your Arrest and Conviction Records
Before filing your petition for expungement, you must ensure you have all the necessary documents for your case. These documents should include:
- The date of your arrest
- The offenses and criminal statutes that you violated
- The docket number for your indictment, summons, or a similar document
- The date of your conviction or the date of the day your criminal charges were dropped
- The sentence imposed by the court if you were convicted
If you are having difficulty locating these forms, you could speak with the lawyer that was in charge of your defense. If the lawyer does not have the documents you need, the court where your case was adjudicated or the law enforcement agency that arrested you could have the information.
File the Expungement Petition
After you find the forms you need, you can file your petition for expungement with a court in the county where your case was adjudicated. If your petition was correctly filed, you would receive a hearing date for 30-60 days after the court received the application.
Attend the Hearing
After the hearing is scheduled, you will be informed about whether your presence is required at the hearing. If your presence is required, our firm can help you thoroughly prepare for your case.
It is important to note that an interested party could challenge your request for an expungement. This party could be a prosecutor or even a party that was affected by your crimes.
If the expungement is granted, you must notify various officials with your criminal records that your record has been expunged. This will seal your records from the public and others, with the exception of high-ranking law enforcement officials.
Contact Our Atlantic City Criminal Expungement Attorney Today
If you need assistance having your criminal history wiped clean, contact an experienced Atlantic City criminal defense attorney. The legal team at the Lombardo Law Group, LLC possess decades of combined legal experience, and we will use this knowledge to help you apply for a criminal record expungement. Do not let a previous conviction control your life. For a free legal consultation, contact the Lombardo Law Group, LLC at (609) 445-4300, or contact us online.
Many people have asked what happens if I miss my court date? In New Jersey like every state in the United States failing to appear in court when you are required to is a very serious matter and one that you should not take lightly. However, while being summoned to court is something you should never skip, there are reasons and excuses why a person may not be able to appear in court. (more…)
It is a frequent theme in movies and television shows. A person slides a shirt or item into their bag and then casually tries to walk out of a store. Moments later a security guard springs across a table and tackles the person and places them in handcuffs. While the movies and television often make these scenes into pieces of comedy, for those who have been accused of shoplifting it is not laughing matter. People often ask if a security guard can actually arrest a person. While security guards are different from police officers, they are able to detain a person for a certain amount of time while they investigate if they have in fact shoplifted or if they are waiting for the police to show up to the store or location the security guard is working at. This blog post will explore what an arrest is, how security guards differ from police officers, and what are the possible penalties and fines for shoplifting. (more…)
If you have been charged with a crime you probably are familiar with what a plea deal is or at least heard the term. However, many people are unaware of the complex process that can go on in to making and executing a plea. It is important that if you have been charged with a crime and are considering if you should take a plea deal that you do so carefully. (more…)
Everyone has a past, whether it is good or bad people say that their past follows them wherever they go. However, many people think that it is unfair if they have turned their lives around that they should have to be continually haunted by having an arrest on their criminal record. Many people in New Jersey find it hard to find decent employment when they have to disclose that they have been arrested. This blog post will explore what a person has to disclose when they are applying for a job. (more…)
Everyone knows that when you are arrested and convicted of a criminal offense, there are immediate and obvious penalties: jail or prison time, fines, and community service are common examples. However, if you are a first-time offender you may be qualified for a program known as Pretrial Intervention. This program may allow you to avoid paying certain fines, and can keep you from going to jail. The Pretrial Intervention Program can even keep the record of conviction from your criminal history. However, if you have gone through PTI you may want to explore having your criminal record expunged so that your criminal history does not reflect the original arrest which is not erased after successful completion of the Pretrial Intervention Program.
If you have a criminal conviction, fines and prison aren’t the only consequences. In addition to the official penalties ,which are imposed by the courts, former convicts are also punished by unfair treatment from society — even long after their fines have been paid and their sentences have been served. You might find that being convicted of a crime, no matter how long ago it occurred, is haunting you. Having a criminal history can make it difficult to apply for a job, get into a good school, apply for housing, and even make it difficult to apply for a loan. Even though both the federal and the state governments have designed anti-discrimination laws to try and level the playing field for those with a criminal history, the harsh reality is that many people with criminal pasts find their criminal record continually hinders their life.
