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

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

So you or your loved one got arrested in New Jersey and are facing charges for unlawful possession of a weapon. Yikes! New Jersey’s Graves Act sets mandatory minimum prison sentences for certain gun crimes. But don’t panic yet. There may be options like applying for a waiver or pretrial intervention, even if you’re not from New Jersey originally. This article will break down the key things for out-of-state residents to know.

What is the Graves Act?

New Jersey’s Graves Act requires mandatory minimum prison terms for people convicted of certain illegal gun possession offenses. The mandatory minimums depend on the offense but can be between 3-5 years for first time convictions. The Act was passed back in 1981 and named after State Senator Francis X. Graves Jr. The goal was to get tough on illegal gun crime with strict, set punishments.

How It Applies to Out of State Residents

The Graves Act applies to anyone facing applicable charges in New Jersey, even if they are not a resident originally. It does not matter if you are from New York, Pennsylvania, or even California – if you are arrested in New Jersey with an illegal gun, you may face Graves Act penalties.

This surprises many out-of-staters. They think there may be more leniency for a first offense compared to a hardened Jersey criminal. But the Graves Act does not distinguish. Mandatory minimum sentences can apply regardless of your criminal record or ties to New Jersey.

Are There Any Exceptions?

While the Graves Act imposes strict sentences, there are some exceptions that can avoid the mandatory minimums even for out-of-state residents:

• Pretrial Intervention (PTI) – This allows qualified defendants to enter a probationary program instead of going to trial. Successful completion results in charges being dismissed and avoids prison time. However, PTI is only available for first-time offenders charged with simple possession. Those with criminal records or facing more serious charges will not qualify.
• Graves Act Waiver – Prosecutors have discretion to waive the mandatory minimums and offer a plea deal with reduced prison time in appropriate cases. Defendants typically must show compelling circumstances that a waiver serves justice. Factors like criminal history, ties to the community, and possession details will be considered.
• Cooperation Agreement – Providing substantial assistance to law enforcement in investigating or prosecuting other crimes may also lead prosecutors to waive Graves Act penalties. However, securing a cooperation agreement often requires you to have valuable information to exchange.
• Appeal for Resentencing – If already convicted, appealing to the sentencing judge for resentencing and asking them to find the mandatory minimum “a serious injustice” is another option. But this is an uphill battle and rarely granted.

How Can Out-of-State Residents Increase Their Chances?

The key is showing why strict Graves Act penalties are inappropriate in your specific case. Being an out-of-state resident alone is not enough. But highlighting other mitigating factors can help persuade prosecutors or judges to use their discretion to impose a lesser sentence.

Some strategies include:

• Emphasize it was a first offense and you have no prior criminal record. Judges may see less need for harsh punishment of a first-time offender.
• Note your possession was simple and not connected to other crimes. If you carried an unlicensed handgun for self-defense with no intent to use it criminally, point this out.
• Discuss your background, ties to family and community, steady employment or education, and any other positive qualities that show your crime was an aberration and not reflective of your character.
• Express sincere remorse and responsibility for your unlawful actions. Pledge to comply with all probationary terms if given a chance to avoid prison and prove yourself.
• Get character references from employers, teachers, family and friends attesting to your law-abiding history and positive qualities.

Proactively making these arguments and presenting supporting evidence can demonstrate you are deserving of mercy and a waiver. It shows the fairness of avoiding harsh mandatory Graves Act penalties that would be excessive punishment in your particular case.

Consulting an Experienced Criminal Defense Lawyer

Don’t go it alone. Consult an experienced New Jersey criminal defense lawyer for expert guidance on Graves Act issues and seeking exceptions. Key benefits a lawyer provides include:

• Assessing if your specific charges make you eligible for exceptions like PTI or a waiver.
• Guiding you to compile and present the most compelling evidence and arguments for leniency.
• Negotiating persuasively with prosecutors and marshaling all options to avoid mandatory minimums.
• Making objections and appeals to the court if prosecutors refuse to budge.
• Advocating for the fairest resolution and sentence if all else fails.

Having an expert Jersey lawyer in your corner levels the playing field and boosts the odds of avoiding excessive punishment under the Graves Act – even as an out-of-state resident. Don’t take chances. Get experienced legal help.

The Graves Act can seem scary if you’re unfamiliar with New Jersey gun laws. But for sympathetic first-time offenders, there are ways out-of-staters can potentially avoid the harsh mandatory minimum sentences too. Build the most compelling case you can and fight for justice with a skilled lawyer at your side. It could make all the difference.