Union County Gun Charge Defense Attorney
The Union County Gun Charge Defense Lawyers at our firm represent individuals who are charged with gun crimes in New Jersey and in Union County. Gun offenses can carry significant penalties which can include significant time in state prison upon conviction. If you or someone you know has been charged with a gun crime in Union County, call our Union County Gun Charge Defense Lawyers today. Our attorneys have a track record of success and will aggressively defend your rights.
Gun Charge Defenses
When an individual is charged with possession of a gun, the state must prove at trial that the individual exercised dominion and control over the gun. However, under the gun laws in the state of New Jersey, specifically New Jersey statute 2C:39-2, there are certain presumptions that may be applicable when an individual is charged with gun possession.
Gun Possession in a Vehicle
If a gun is found in a motor vehicle, it is presumed to be in possession of the occupant of the vehicle if there is only one occupant. If there are multiple individual’s in the vehicle, it is presumed to be in possession of all of the occupants unless certain circumstances occur. Those circumstances include the following:
- If a gun is found on the person of one of the occupants it is presumed to be in possession of that individual.
- If the vehicle is not a stolen vehicle and the gun is found out of the plain view of the occupants including found in a glove box, trunk, or other location where owners store belongings, it is presumed to be in possession of the individual’s who either own or have the authority to operate the vehicle.
- If the gun is found in a taxicab and it is found in the passenger portion of the vehicle, it is presumed to be in possession of the passengers unless only a driver is in the cab, it will be presumed to be the cab drivers.
Under the law, presumptions can be overcome with facts and circumstances. A presumption may not always be appropriate depending upon the facts and circumstances. It is therefore important that you contact a qualified Union County Gun Charge Defense Lawyer if you are charged with a gun offense in Union County. Call or contact us today if you would like to speak to one of our attorneys. We offer a free initial consultation.