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State v AD, Essex County Superior Court
In Essex County Superior Court, A.D. faced a serious weapons charge after being indicted in May 2015 for second-degree unlawful possession of a 9mm handgun without a valid carry permit. The case originated from a January 2015 traffic stop involving a suspended license and tinted windows on a Jeep Cherokee.
The Essex County Prosecutor’s Office initially offered a plea deal of 3 years in New Jersey State Prison with one year parole ineligibility, invoking a Graves Act exception. A.D. declined that custodial offer, establishing a strong pre-trial defense strategy.
Legal Violations During Arrest
During the stop, law enforcement placed A.D. into custody and questioned him about weapons without administering Miranda warnings. A.D. allegedly admitted to a 9mm handgun under the front passenger seat.
The legal team at Lazzaro Law filed a Motion to Suppress Oral Admissions and a Motion to Suppress Physical Evidence under the Exclusionary Rule, arguing constitutional violations.
Successful Resolution Without Incarceration
The State extended a non-custodial plea deal before the court ruled on the suppression motions. In October 2016, A.D. accepted the offer and received a sentence of probation. This outcome helped him avoid both prison and a felony conviction under the Graves Act.
Experienced New Jersey Gun Charge Defense
This case highlights the importance of retaining a skilled New Jersey weapons charge attorney when facing unlawful handgun possession charges. Strategic use of constitutional violations, coupled with aggressive pre-trial motion practice, can lead to reduced or probationary outcomes, even in second-degree firearm cases.
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