According to Somerset County Prosecutor, Michael H. Robertson, the Franklin Township police department was dispatched to the area of Hamilton and Douglas Street around noon on October 4th to investigate a report of shots fired. The individual who called 911 had informed the dispatcher that the suspect was wearing a red or orange t-shirt, gray pants and a red hat. When Franklin Township Police Sgt. Greg Price and Officer Andre Tirado arrived on scene the quickly noticed an individual matching the suspects description. Based on that the officers approached the suspect and took him into custody without issue. Located inside the suspects waistband was a fully loaded revolver. When the officers cleared the weapon, they noticed that their were several spent shell casings located inside chamber.
The suspect was formally placed under arrest and charged with one count of unlawful possession of a weapon in the second degree, one count of possession of a weapon for unlawful purpose in the second degree, one count of possession of a weapon by certain persons not to possess a weapon in the second degree and one count of possession of a defaced firearm in the fourth degree. The Defendant was transported to the Somerset County Jail where he is pending a Detention Hearing. During that hearing, the prosecution will be seeking to convince the Judge that the Defendant needs to be detained in the Somerset County Jail, pending trial, without bail. This is a rather new tactic that the prosecution has the option of taking advantage of. For more information on Detention Hearings, please contact our Bridgewater office at 908-533-1064.
Possession of a Gun vs. Certain Persons Not to Possess a Gun
The charge of unlawful possession of a weapon seeks to punish anyone who is caught in possession of a weapon who has failed to previously obtain the proper permits for said weapon. While the charge of certain persons not to possess a gun seeks to punish anyone who has previously been convicted of one of their enumerated offenses that is caught with a gun. Pursuant to NJSA 2C:39-7, which is the section of the New Jersey criminal code that governs the crime of certain persons not to have a weapon, mandates that anyone convicted under this subsection must sentenced to a term of imprisonment. Furthermore, the term of imprisonment shall include the imposition of a minimum term, which shall be fixed at five years, during which the Defendant will not be eligible for parole. So, as you can see, this is an extremely serious charge and if not handled properly, it could cost someone their freedom for a significant time.
Franklin NJ Gun Possession Defense Lawyer
New Jersey takes gun offenses very seriously, especially when the weapon is used in an unlawful matter as it was here. If you have been charged with a criminal offense like the unlawful possession of a weapon, possession of a weapon for unlawful purpose, aggravated assault, robbery or burglary, the Keith Oliver Criminal Law can help. At our office, we fully understand the pressure and stress that most feel when they have been charged with a criminal offenses, especially something as serious as this. That is why we are dedicated to making sure that we leave no stone un-turned when it comes to defending our clients.
For additional information related to this case, view the article on NJ.Com: Franklin man arrested after firing handgun, police say.
