One Gun Law Does Not Violate Federal Act

New Jersey’s One Gun Law provides that “a dealer shall not knowingly deliver more than one handgun to any person within any 30-day period.” There is a provision exempting gun collectors, those inheriting guns and shooting competitors. In Association of New Jersey Rifle and Pistol Clubs v. State of New Jersey, plaintiffs contended the statute was in conflict with the Federal Toy Gun Act which prevents the individual states from interfering with sales of BB and other pellet-firing air guns other than to minors. They went further and challenged the exemptions for gun collectors and competitive shooters as being in violation of the due process clause. New Jersey’s one gun law was upheld by a federal appeals court as it is not a prohibition of the sales and is merely regulatory in nature in regard to sales of BB and other pellet-firing air guns. If you believe you are being wrongly prevented from purchasing or owning a gun or are facing gun charges you should seek an experienced attorney immediately to protect your rights. For more information on gun or weapon matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.

Be Aware of Affirmative Defenses in Your Criminal Matter

A defendant charged with murder and weapons offenses pled guilty to first-degree aggravated manslaughter. At the plea hearing, defendant’s attorney stipulated that the circumstances surrounding the killing amounted to extreme indifference to human life. Following the entry of the guilty plea, the defendant was interviewed by a probation officer and stated, during the interview, that defendant was armed with a gun for protection after being robbed by the victim on more than one occasion. Defendant advised that the victim attempted to attack defendant with a knife on the date of the incident and defendant retreated until his back was against a vehicle and he could retreat no further. It was only upon having nowhere to flee that defendant shot the victim. The surrounding facts supported defendant’s assertions and defendant was permitted to withdraw the guilty plea in light of the existence of a “colorable claim of innocence based on a plausible defense of self-defense.” This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter. If you are facing criminal charges, you should consult an experienced criminal defense attorney immediately in order to protect your rights. For more information on criminal law, including municipal court matters, in New Jersey visit HeatherDarlingLawyer.com.

Substituting Juror After Deliberations Start is Error

Defendant was convicted of murder, possession of a weapon for an unlawful purpose, unlawful possession of a weapon and hindering apprehension. Defendant appealed his conviction on the grounds that an alternate juror was seated after more than 6 days of deliberations. The importance of an impartial jury cannot be overstated. The right to a jury made up of disinterested citizens is a critical component of the criminal justice system. Although a judge is expected to be an impartial trier of fact and the prosecutor is charged with the duty of fairness in the prosecution of a defendant, they are nonetheless employed by the very system seeking to convict the defendant. In a matter so important as to deprive a defendant of liberty and opportunity fairness and impartialilty is critical and cannot be deemed met by the substitution of an alternate juror who may be easily influenced by others advantaged by 6 days of deliberations. This fact is especially evident when the jury, which had been previously deadlocked for 6 days prior to the substitution, found the defendant guilty on the fourth day of deliberations after the substitution. The court, in State v. Ross, found the mere fact that the jury was instructed to start over with deliberations when the alternate juror was substituted for an ill juror does not rise to the level of fairness defendant is entitled to when facing such substantial charges. Little will have a more serious impact on your life than a murder charge. If you are facing serious criminal charges you should seek an experienced attorney immediately to protect your rights. For more information on criminal matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.

Conviction For Armed Robbery While Unarmed in NJ?

This case begins like a good joke: An unarmed man walks into a bank and hands the teller a note saying "I've got a bomb- hand over the money." Only in this case the bank was real, the man was real, the teller was real and the penalties are real. The only thing that was not real was the bomb but the man was convicted of first-degree armed robbery by simulation and was sentenced to 14 years. The New Jersey Appellate Division was more forgiving and reversed the conviction as it seemed unreasonable to them, given the circumstances, that the teller could believe the man had a bomb. Their reasoning is that a conviction would require conduct or something indicating the weapon alleged was present. The prosecutor's office argued that bombs are sophisticated these days and have been hidden in shoes and undergarments to be later identified on airplanes and that, failure to see a large ticking device no longer means a bomb is not present. This very well may become an issue ripe for change in the future If you are a defendant in an armed robbery case, you should consult an experienced criminal law attorney immediately in order to protect your rights. For more information on robbery, armed robbery, burglary, theft, shoplifting or other criminal law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.

Increased Penalties For Burglary Are Pending in NJ

Pending legislation upgrades second degree burglary of a residence to first degree if the actor is armed. Due to the danger to human life which is always present during a home invasion, the NJ Assembly passed A-1035 on March 15, 2012. This bill is now on the desk of Governor Christie. The bill is sponsored by Assemblymen Anthony Bucco of Morris and Somerset, Ralph Caputo of Essex, Michael Patrick Carroll of Morris and Somerset and Jon Bramnick of Morris, Somerset and Union. Burglary is defined in the bill as entering or surreptitiously remaining in a dwelling or structure adapted for overnight accommodation of persons. The text of the bill includes that no one need be present when the burglary occurs. To be considered armed under the bill, the actor may display "what appears to be" explosives or a "deadly weapon." In the situation of a burglary, the actor and the victims are often surprised to encounter each other within the residence. The results are frequently deadly and the actions the parties may be confusing to each other. An actor encountered by a homeowner may be perceived as armed by virtue of an object the actor is holding with no intent to use the object as a weapon. The terms of this statute will greatly increase the penalties for such an actor to up to 10-20 years in prison and $200,000 in fines. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter. If you are a defendant in a burglary matter, you should consult an experienced criminal law attorney immediately in order to protect your rights. For more information on burglary, robbery, theft, shoplifting or other criminal law matters in New Jersey visit HeatherDarlingLawyer.com.