NJ Seeking a Graves Act Waiver or Pretrial Intervention for Out of State Residents Lawyers

Seeking Graves Act Waivers or Pretrial Intervention in New Jersey as an Out-of-State Resident

Being charged with a gun offense in New Jersey can be scary for anyone, but it is especially daunting if you are visiting from out-of-state. New Jersey has strict gun laws under the Graves Act that impose mandatory minimum prison sentences for certain firearms violations. However, there are ways for out-of-state residents to avoid these harsh penalties through Graves Act waivers or pretrial intervention programs.

In this article, we’ll break down everything you need to know as an out-of-state resident seeking a Graves Act waiver or pretrial intervention in New Jersey. We’ll discuss the key factors prosecutors consider, the application process, and your chances of success. With the right criminal defense attorney on your side, it is possible to resolve these serious charges and move on with your life.

The Graves Act in New Jersey

First, let’s understand what the Graves Act is. Enacted in 1981, the Graves Act imposes mandatory minimum prison terms for convictions of certain gun crimes in New Jersey. For example, unlawful possession of a handgun carries a minimum 3-year prison sentence that cannot be reduced through good behavior credits in prison. The law was intended to deter illegal gun possession and curb gun violence through strict sentencing.

The Graves Act initially only applied to convictions for possession of a firearm for an unlawful purpose and possession of a handgun without a permit. But over the years, the law has been expanded to cover additional gun crimes like transporting firearms without a permit, unlawful transfer of weapons, and more. The minimum prison terms range from 3 to 10 years depending on the specific offense.

As an out-of-state resident, some of the charges you may face under the Graves Act include unlawful possession of a handgun, possession of a weapon for an unlawful purpose, unlawful transport of firearms, and certain drug crimes involving guns. Without an exception, these charges carry lengthy mandatory minimum prison sentences that could wreak havoc on your life.

Avoiding Graves Act Sentences

Thankfully, New Jersey law does provide two main avenues for out-of-state residents to avoid these harsh Graves Act penalties:

• Graves Act Waivers
• Pretrial Intervention Programs

Let’s explore each option in more detail:

Graves Act Waivers

A Graves Act waiver allows the mandatory minimum sentence to be waived or reduced at the prosecutor’s discretion. Waivers are intended for first-time offenders who can demonstrate that serving the mandatory term would constitute a serious injustice. Some of the main factors considered are:

• Your criminal history and likelihood of recidivism
• The nature and seriousness of the offense
• Your character and amenability to rehabilitation
• Your cooperation with law enforcement
• Your ties to the community

The waiver process begins with your criminal defense attorney submitting a detailed application to the prosecutor’s office explaining why you deserve a waiver. For out-of-state residents, it is critical to emphasize your clean record, your normally law-abiding character, and any extenuating circumstances about the offense. Letters of support from employers, family and friends can be persuasive. If approved, the prosecutor will recommend a reduced sentence to the judge that bypasses the Graves Act minimums.

According to directives from the New Jersey Attorney General, prosecutors are encouraged to give out-of-state residents special consideration for Graves Act waivers. This recognizes that mandatory incarceration is especially disruptive for visitors unfamiliar with New Jersey’s strict gun laws. However, a waiver is never guaranteed. An experienced attorney is essential to navigate the complex waiver process and put your best case forward.

Pretrial Intervention (PTI)

Pretrial intervention (PTI) programs provide an alternative path to avoid a criminal conviction altogether. PTI involves a period of supervision, after which the charges are dismissed and expunged. For out-of-state residents, PTI means avoiding imprisonment in New Jersey and returning home without a permanent criminal record.

However, PTI is intended only for first-time offenders charged with minor offenses. Gun charges under the Graves Act are considered quite serious. The prosecutor must approve your PTI application, and you may need to complete 6-12 months of monitoring and other conditions like community service, fines, drug testing or counseling. The prosecutor will assess factors like your criminal history, offense circumstances, character references, and amenability to rehabilitation. An experienced PTI attorney is key to overcoming the presumption against admitting gun offenses into PTI.

One advantage for out-of-state residents is that PTI supervision can sometimes be transferred to your home state, allowing you to complete the program closer to your family and job. This is known as “interstate PTI” and requires coordination between the courts and probation departments in each state.

Chances of Success for Out-of-State Residents

While certainly not easy, out-of-state residents do have a fighting chance at obtaining a Graves Act waiver or PTI admission in New Jersey. Some key tips to improve your odds include:

• Hire an experienced New Jersey gun crimes attorney as early as possible. Do not go through this process alone.
• Be proactive and cooperative with the investigation. Do not resist law enforcement.
• Provide glowing character references from your home state.
• Emphasize your clean record and law-abiding history.
• For PTI, agree to supervision transfer to continue monitoring back home.
• Express sincere remorse and a commitment to rehabilitation.
• Highlight any unique circumstances about the offense conduct.
• Get family and friends to attend court dates in a show of support.

While mandatory minimum sentences still apply, New Jersey courts recognize the undue hardship these laws cause for visitors unfamiliar with the state’s strict gun prohibitions. Judges are often more sympathetic to out-of-state residents who make a good faith effort to take responsibility and turn their lives around.

The bottom line is – do not simply plead guilty and accept a lengthy prison sentence if you are an out-of-state resident charged under the Graves Act. There are options to reduce or avoid these penalties. But you must be proactive and retain an experienced Graves Act lawyer to guide you through the complex waiver or PTI process. It will greatly improve your chances of getting back home and resuming your life.

Disclaimer: This article is intended for informational purposes only and should not be taken as legal advice. If you are an out-of-state resident facing Graves Act charges in New Jersey, you should consult with a qualified criminal defense attorney about your best options.