Former County Prosecutors We Decades of Experience Defending Handgun and Other Weapon Charges Result From Motor Vehicle Searches
Motor vehicles tend to be a common element in many criminal cases, including those involving charges for possession of a weapon. There are many weapon offenses that can arise out of a motor vehicle stop and ensuing search, including Possession of an Illegal Handgun, Possession of a Weapon for Unlawful Purpose, Certain Person Not to be in Possession of a Firearm. If you were arrested for possessing a firearm or other weapon in a motor vehicle, our attorneys have the knowledge to make sure that you receive the maximum protection afforded under the law. The qualifications of the lawyers at the Law Offices of Jonathan F. Marshall are truly impressive. We can offer you:
- Over 200 years of combined experience defending individuals arrested for possessing a rifle, shotgun, handgun or other weapon in a motor vehicle
- Ten (10) lawyers whose practice is exclusively defense
- Former county prosecutors that include a former Director of Major Crimes, the Gun Task Force and even an entire Trial Division
- Certified criminal trial attorneys, a distinction possessed by less than 2% of those licensed in the state
- Many years of success defending clients charged with weapon offenses arising out of searches of cars, trucks and other motor vehicles
A lawyer at our firm would be happy to discuss your case in a complimentary initial consultation and formulate a defense to your charges. Call 1-877-450-8301 anytime 24/7 to immediately speak to a highly knowledgeable attorney.
New Jersey Law: Possession of Firearm or Weapon in a Motor Vehicle
N.J.S.A. 2C:39-2 is the law in NJ that sets forth certain presumptions that apply to possession of a weapon such as a Firearm, Weapon, Destructive Device, Silencer or Explosives in a Motor Vehicle. It is important to keep in mind that 2C:39-2 applies not only to automobiles but all forms of vehicles including trucks, buses, tractor trailers, boats, cars and the like. The law presumes that a handgun, shotgun, rifle or weapon found in a motor vehicle is in the possession of its occupant(s). There is an exception to this presumption where the weapon is found on the person of a single occupant. Another exception applies where the gun, knife or other weapon, is found in an enclosed depository of a motor vehicle such as a glove compartment or trunk. Where this fact exists, a weapon such as a handgun is deemed to be possessed by the owner or individual having authority to operate the motor vehicle. A final exception applies where a firearm or weapon is found in a taxi cab. Where a pistol, shotgun or the like is recovered from the passenger compartment, it is presumed that the passenger(s) possess the weapon. Where there are no passengers, the taxi driver is assumed to be in possession.
Defending A Handgun or Other Firearms Offenses Seized In A Car or Truck
There are numerous defenses that a savvy attorney can pursue in cases where an illegal handgun, rifle, shotgun or other firearm is discovered by police in a motor vehicle. The focus is unquestionably on the legality of the search and seizure. The first avenue of attack is to challenge the motor vehicle stop. If a warrant was lacking, the police must establish that reasonable suspicion of a motor vehicle violation existed. The second issue surrounds the nature of the questioning that ensued. Was the encounter tantamount to an interrogation where the accused reasonably believed that he or she had no right to leave? If this is the case, there must be probable cause to arrest. A third primary issue is whether there was a proper basis to conduct a search of the vehicle? These and other issues are the focus of a savvy New Jersey Criminal Defense Lawyer in a motor vehicle seizure of a firearm case.
Contact Our Accomplished NJ Gun Lawyers If You Were Arrested For Having A Firearm In A Motor Vehicle
Do not hesitate to contact our office to learn more about possession of a shotgun, pistol, revolver or other form of weapon in a motor vehicle. Your rights may have been violated when your car was searched and our lawyers will make sure that you are properly defended. Attorneys are immediately available to address your questions and concerns at 1-877-450-8301.