Obtaining a Graves Act Waiver in New Jersey

New Jersey’s Graves Act is no joke—it mandates lengthy prison terms for people convicted of gun crimes. But in some cases, you may be able to get a waiver to avoid the harsh mandatory minimum sentences. Here’s what you need to know about getting a Graves Act waiver in New Jersey:

What is the Graves Act?

The Graves Act is a New Jersey law that requires mandatory prison terms for people convicted of illegal gun possession. It was passed in 1981 and named after State Senator Francis X. Graves Jr., who championed the legislation.

The law imposes mandatory minimum prison sentences for convictions involving firearms. For example, illegal possession of a handgun carries a mandatory 3-year prison term. That jumps to 5 years if the gun had a large capacity magazine.

The Graves Act is designed to deter gun violence by imposing strict, mandatory prison terms on people who illegally possess firearms. But critics argue it’s overly harsh and takes away judges’ discretion in sentencing.

How Do You Get a Graves Act Waiver?

New Jersey allows for Graves Act waivers in some cases. This means the mandatory minimum sentence can be waived or reduced.

To get a waiver, you’ll need to convince the judge that serving the mandatory prison term would not serve the interests of justice. This requires showing “extraordinary and compelling” circumstances that warrant more lenient treatment.

The judge will also consider things like:

• Your minimal criminal record
• Proof you won’t threaten public safety
• Your background and life circumstances
• How the mandatory sentence would affect your family
• Whether the prosecutor supports the waiver

Without the prosecutor advocating for you, getting a judge to grant a defense motion for a Graves Act waiver is tough. But it can happen if you have a skilled attorney who can show it serves justice.

What Factors Help Get a Graves Act Waiver?

There’s no magic formula for getting a Graves Act waiver—it depends on the unique circumstances of each case. But certain factors can help persuade the judge to grant a waiver, including:

• Minimal Criminal History: If you have no record or only minor offenses, argue you’re not the type of repeat offender the Graves Act targets.
• Gainful Employment: Show you hold a steady job and contribute positively to society.
• Family Responsibilities: Testimony from family about your role as a caregiver or provider can show the hardship prison would cause.
• Proof of Rehabilitation: Completing drug treatment, getting an education, or having no offenses for an extended time can demonstrate you’ve changed.
• Cooperation with Police: Helping police solve other crimes can be viewed favorably.
• Weapon Wasn’t Used Violently: Illegally possessing a gun looks better than using it to harm others.
• Remorse and Responsibility: Admitting guilt and expressing regret can help show you’ve learned from your mistakes.

Any evidence you’re an upstanding citizen despite this one offense can help sway the judge to grant a waiver.

What’s the Process for Getting a Graves Act Waiver?

There are several steps in the process for seeking a waiver:

1. Hire an Experienced Attorney
2. Gather Documents and Testimony
3. File the Motion
4. Court Hearing
5. Judge’s Decision

Finding a lawyer familiar with Graves Act cases is key. They’ll know what evidence you need and how to present persuasive arguments.

Your attorney will work to gather everything needed to support a waiver, from proof of employment to character witness statements.

Your lawyer will draft and file either a motion by the defense or, if possible, a joint motion with the prosecutor requesting a waiver.

At the hearing, your attorney will present witnesses and evidence supporting the waiver. The prosecutor may argue against it.

The judge will decide whether you’ve shown extraordinary circumstances making a waiver appropriate. If so, they’ll determine how much to reduce the mandatory minimum sentence.

The entire process can take several months from arrest to resolution. Having an experienced Graves Act attorney is essential to navigating the complexities and presenting the best case.

What Are the Chances of Getting a Graves Act Waiver?

It’s difficult to predict success rates for Graves Act waivers. Outcomes depend heavily on the judge and the strength of your individual case.

In general, prosecutors grant waiver motions much more readily than judges grant defense motions. So your best bet is getting the prosecutor to join your request.

Even on defense motions, some judges are more open to waivers than others if you can demonstrate extraordinary circumstances. But it’s always an uphill battle without the prosecutor’s support.

Consult an experienced attorney to assess the likelihood of success based on the judge, prosecutor, and details of your situation. But it is possible to get waivers even over the prosecutor’s objection in compelling cases.

What’s the Downside of Seeking a Waiver?

Trying to get a Graves Act waiver isn’t risk-free. Before pursuing it, consider:

• You must admit guilt to seek a waiver. If the request gets denied, you lose leverage to negotiate a better plea deal without the mandatory minimum.
• Testimony and evidence presented in a waiver hearing can’t be kept out of trial if you later go to trial. It provides a preview of your defense.
• Seeking a waiver over the prosecutor’s objection may anger them. It can hurt chances for a favorable plea offer.
• Waivers are never guaranteed. You may go through the process and still get denied, leaving you with the mandatory minimum.

For these reasons, it’s critical to have an experienced attorney assess the likelihood of success before pursuing a waiver.

What Are Typical Sentences After Getting a Waiver?

If granted a waiver, the judge has wide discretion to lower the mandatory minimum sentence. Some examples:

• 3-year minimum reduced to 1 year in county jail
• 5-year minimum lowered to 3 years in prison
• 10-year minimum for extended magazines cut to 5 years

The amount of reduction depends on the judge and the strength of the evidence justifying leniency. The minimum can’t be reduced below 1 year for a first offense.

Even if you don’t get the full minimum waived, persuading the judge to shave off even a year or two is considered a win. Any reduction in the rigid mandatory minimums is a victory.

Conclusion – Consult a Graves Act Lawyer

Trying to obtain a waiver of New Jersey’s strict Graves Act gun possession penalties is difficult. But it may be possible with the right evidence and legal arguments.

I know this overview provided just a surface look at the complex waiver process. Every case has unique circumstances to consider.

If you or a loved one are facing charges under the Graves Act, I strongly encourage consulting with an experienced criminal defense lawyer. A knowledgeable attorney can thoroughly assess your situation and options. They can guide you through the waiver process and put together the strongest case for leniency.

Don’t leave the fate of your future solely in the judge’s hands. With an adept Graves Act attorney fighting for you, it may be possible to obtain a waiver and avoid the full brunt of these rigid mandatory minimum sentences. Don’t hesitate to explore your options.