Essex County Gun Charge Defense Lawyer
The Essex County Gun Charge Defense Lawyers at our firm handle gun charges that occur in Newark, New Jersey as well as the rest of Essex County. Our aggressive defense attorneys have successfully handled gun charge matters throughout the state of New Jersey. Call us today for a free consultation.
Gun Charge Car Searches
Often times a gun is recovered from a motor vehicle after the motor vehicle is subject to a traffic stop. In many circumstances an officer conducts a search of the vehicle and locates a gun. Individuals within the vehicle may thereafter be charged with unlawful possession of a weapon. In New Jersey as in all states, a search of a motor vehicle for weapons may occur after the police obtain a warrant or without a warrant so long as the police have probable cause to believe that a gun is in the vehicle and an exigent circumstance is present. A question which is often raised in gun possession cases where a gun is recovered from a vehicle is what is probable cause and what is an exigent circumstance. Probable cause is loosely defined as a fair probability that the officer has objective evidence to believe contraband is located in an area. An exigent circumstance as it pertains to the search of a motor vehicle has been the subject of recent changes in New Jersey law. In 2016, the New Jersey Supreme Court held that the fact that a vehicle is readily mobile and often times stopped on the side of the road is enough of an exigent circumstance in almost all situations to permit a search based upon probable cause. Therefore, police are typically able to search a motor vehicle if they have probable cause to believe that a gun is in the vehicle.
Challenging Probable Cause
Probable cause or the reasons police believe they have probable cause to search a vehicle can be challenged by the defendant and his or her defense attorney at a motion to suppress. At this motion, if the defense is able to establish that the police officer did not have probable cause to search the vehicle, the gun which is found will be suppressed as evidence and will not be able to be admitted against the defendant. Therefore, the gun charges will likely be dismissed.
Call Us Today
If you or someone you know would like to speak with one of our Essex County Gun Charge Defense Lawyers call us day or night. Our Essex County Gun Charge Defense Lawyers will aggressively represent your interests. We Can Help.