Iler Law Firm wins Suppression Motion in Gun Case
The Iler Law Firm recently represented a client who was charged with a Graves Act Violation for Unlawful Possession of a Handgun, in violation of 2C:39-5b as a result of a routine traffic stop. The police did not have a warrant to search the car, but relied on one of the exemptions to New Jersey’s warrant requirement.
In New Jersey, we have some of the most strict gun laws in the nation. In particular, the Graves Act , N.J.S.A. 2C:43-6, requires mandatory jail time and periods of parole ineligibility for certain gun offenses as well as for certain other offenses which were committed while in possession of a firearm. As a result, it is difficult to plea bargain many of these cases. The Iler Law Firm will file a Motion to Suppress Evidence on behalf of a client if there is a basis to do so. This motion asks the court to prevent the State from using the evidence, in this case the gun, at trial as a result of the police’s failure to follow certain requirements. If the gun is suppressed, the State would not be able to prove the Unlawful Possession of a Handgun charge at trial.
In this case, The Iler Law Firm filed a Motion to Suppress on behalf of the client which argued that the warrantless search of his vehicle was improper and therefore, the evidence seized should be suppressed. The State argued in its brief that the automobile exception to the warrant requirement justified the warrantless search of the defendant’s vehicle and that the warrantless search of the vehicle’s trunk was valid as it was performed with the consent of the defendant.
The court thereafter conducted a hearing on the issue. During the hearing, one of the attorneys from The Iler Law Firm had an opportunity to cross-examine the police officer. During this cross-examination, the office admitted that he had no fear for his safety, there were numerous officer’s from his department that were working at the time of the seizure and that he did not think it was practical to obtain a warrant from a judge at the time of the seizure. The court then heard oral argument from both sides.
Following an evaluation of the written briefs and the hearing that took place, the Court thereafter issued a written opinion which granted the defendant’s Motion to Suppress. Following this decision, The Iler Law Firm was ultimately able to obtain a dismissal of the charges that were brought against the defendant. The client was obviously very pleased with the work of the attorneys at The Iler Firm.
If you or a loved one are facing criminal charges, you need an experienced attorney with a track record of proven results. Contact our office 24/7 for a free consultation today.
