Felon in Possession Lawyer New Jersey, NJ

You were pulled over for a routine traffic stop when an officer spotted a firearm in your vehicle. Because of a prior felony conviction, you now face a charge of being a felon in possession of a firearm in New Jersey. The consequences are severe—a conviction can bring years of prison time and permanent loss of your firearm rights. At Law Offices Of SRIS, P.C., we understand the gravity of this charge and the fear it brings. Our experienced criminal defense team handles felon-in-possession cases across New Jersey and works to protect your future. Talk to us today at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Strategy Options for a New Jersey Felon in Possession Charge

Defending against a felon-in-possession charge requires a careful, strategic approach. Mr. Sris and the firm’s Of Counsel attorneys examine every detail of the arrest and the underlying evidence. We look closely at whether the police had a valid reason to stop you, whether the search that uncovered the firearm was lawful, and whether the prosecution has proof you knew the weapon was there. In New Jersey, constructive possession—simply being near a firearm—is not enough without additional evidence linking you to it. We challenge weak or unconstitutional searches, question witness credibility, and explore whether the firearm belonged to someone else. Early intervention matters; we often engage with prosecutors before an indictment to present mitigating facts or legal weaknesses that may lead to a downgraded charge or dismissal. When trial is the trusted option, we are prepared to fight actively in court.

What to Expect When Facing a Firearm Possession Charge

The legal process in New Jersey begins with an arrest and a complaint filed in municipal court or, for indictable crimes, a referral to the Superior Court. Because this is often a second‑degree indictable offense, your case will go to a grand jury for a possible indictment. After indictment, you will be arraigned in Superior Court. New Jersey no longer uses cash bail; instead, a pretrial release decision is based on a Public Safety Assessment that measures flight risk and danger. A lawyer can argue for your release by presenting strong community ties, employment, and family circumstances. The discovery period follows, during which we obtain police reports, lab results, and other evidence. We may file motions to suppress evidence or challenge the indictment. If the case does not resolve, it proceeds to trial. Throughout, you have the right to remain silent and to have counsel present. We keep you informed at every stage and help you understand what each hearing means for your case.

Penalties for Felon in Possession in New Jersey

Under New Jersey law, a person previously convicted of certain crimes is prohibited from owning, possessing, or controlling a firearm. Violating this prohibition is typically charged as a second‑degree crime, which carries a prison term of five to ten years and fines up to $150,000. A second‑degree conviction also carries a mandatory period of parole ineligibility—meaning you must serve a significant portion of the sentence before you can be considered for release. In some cases, depending on the underlying prior offense, the charge may be elevated or carry additional sentencing enhancements. A conviction will also permanently bar you from legally possessing any firearm under both state and federal law. Because the stakes are so high, having a knowledgeable attorney who can challenge the prosecution’s case and argue for reduced charges or alternative sentencing becomes critical. Diversionary programs such as Pre‑Trial Intervention may be an option for some first‑time indictable offenders, offering a path to dismissal of the charges upon successful completion.

Mr. Sris’s Background and How the Firm’s Of Counsel Attorneys Strengthen Your Defense

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who understands how the state builds criminal cases. His insight into police procedures, evidence gathering, and prosecutorial strategy gives him a distinct edge when defending clients against firearm‑possession charges. Mr. Sris practices across New Jersey, Virginia, Maryland, the District of Columbia, and New York, bringing a broad perspective to each matter. The firm’s Of Counsel attorneys add practical experience in criminal defense and deep familiarity with New Jersey’s court system, including the Superior Courts in Hunterdon, Somerset, Morris, and other vicinages. Together, they form a focused legal team that rigorously examines every aspect of a felon‑in‑possession case. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), reflecting the commitment to legal advocacy that he brings to every representation.

Frequently Asked Questions About Felon in Possession Charges in New Jersey

What does New Jersey law say about firearm possession by a convicted felon?

New Jersey law makes it a crime for certain persons—including those with prior felony convictions—to possess or control a firearm. The charge is generally a second‑degree indictable offense, exposing the accused to five to ten years in prison and a potential fine. A conviction also triggers a lifetime federal ban on firearm ownership under federal law. The law is complex, and whether a prior conviction disqualifies you depends on the specific offense and date of the prior judgment.

Can I get out of jail after being arrested for felon in possession?

Yes. New Jersey operates under a bail‑reform system that does not use cash bail. After your arrest, a judge will review a Public Safety Assessment risk score and decide whether to release you on your own recognizance, with conditions, or to detain you pending trial. We can argue for your release by presenting evidence of stability, employment, and lack of danger. Detention is not automatic, and we fight to keep you at home while your case is pending.

What defenses are used in New Jersey felon‑in‑possession cases?

Common defense strategies include challenging the legality of the traffic stop or search that uncovered the firearm, arguing that you did not knowingly possess the weapon, or showing that the firearm belonged to another person present. We also examine whether the prior conviction actually triggers the prohibition—some older or out‑of‑state convictions may not qualify. Each case is fact‑intensive, and we tailor our approach to the specific evidence and circumstances.

How long does a felon‑in‑possession case take in New Jersey?

Timelines vary. If your case is indicted, the prosecutor generally has 90 days from your arrest (if you are detained) to obtain an indictment. After indictment, the matter often takes several months to a year to move through pretrial motions and discovery. A trial date will follow. Many cases resolve earlier through plea negotiations or pretrial motions. We strive to bring a swift resolution while never sacrificing thorough preparation.

Is Pre‑Trial Intervention (PTI) available for firearm possession by a felon?

PTI is a diversionary program for first‑time indictable offenders that, upon successful completion, results in dismissal of the charges. Whether a felon‑in‑possession charge qualifies for PTI depends on the nature of the prior conviction and the facts of the current offense. The prosecutor and the court must agree to the admission. Even if PTI is initially denied, we may advocate for reconsideration, emphasizing any mitigating factors such as rehabilitation and community ties.

Do I need a lawyer if I am charged with felon in possession in New Jersey?

Absolutely. The consequences of a conviction—prison, lifetime firearm prohibition, and a permanent felony record—are too severe to face alone. An experienced defense attorney can identify weaknesses in the state’s case, negotiate for reduced charges, and protect your rights at every stage. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 for a confidential discussion about your situation.

For a full statutory breakdown of New Jersey weapons offenses, see our comprehensive analysis at srislawyer.com.

Take the Next Step—Speak With a New Jersey Felon in Possession Lawyer

Facing a felon‑in‑possession charge in New Jersey is daunting. You need a defense team that knows the law, understands the local courts, and is prepared to fight for favorable outcomes. Contact Law Offices Of SRIS, P.C. Today by calling (888) 437-7747. Our New Jersey location meets clients by appointment at 44 Apple St, 1st Floor, Tinton Falls, NJ 07724. We respond promptly to inquiries and will discuss your case with you directly.

Law Offices Of SRIS, P.C.
(888) 437-7747
44 Apple St, 1st Floor, Tinton Falls, NJ 07724
By appointment only.

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