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State v KD, Monmouth County Superior Court
After being arrested during a traffic stop in Monmouth County, KD was charged with serious firearm and drug offenses. The indictment included second-degree unlawful possession of a handgun, third-degree receipt of stolen property, and third-degree possession of a controlled dangerous substance (CDS). The firearm in question was identified as a stolen Hi-Point .40 caliber handgun.
Prosecutors claimed KD had no permit for the weapon. Also, they asserted that drugs were found at the time of the arrest. The plea offer was severe: seven years in New Jersey State Prison. It included 42 months of parole ineligibility under the Graves Act, known for its strict mandatory minimums for illegal firearm possession.
Lazzaro Law Successfully Pressured State to Dismiss Charges
Rather than accept a prison sentence, KD retained Clifford E. Lazzaro, Esq., to fight the charges. Lazzaro immediately began challenging the stop’s legality, the weapon’s seizure, and the search that led to the CDS discovery.
Through pre-trial motions and persistent advocacy, Lazzaro exposed key weaknesses in the State’s case. As a result of this legal strategy, the prosecution dismissed all charges in September 2014, allowing the client to avoid both a conviction and incarceration.
New Jersey Gun Charge Defense That Delivers Results
This case exemplifies how Lazzaro Law provides aggressive and effective representation in New Jersey gun crime cases and CDS possession matters. When facing second-degree weapons charges and the weight of the Graves Act, experienced legal counsel can make the difference between incarceration and complete dismissal.
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