Paterson NJ Gun Charges Terroristic Threats Charge and Aggravated Assault Charge Dismissed
Totowa NJ Criminal Defense Lawyers
* Results may vary depending on your particular facts and legal circumstances. *
Ms. Hascup’s client was arrested following an alleged domestic violence incident in Paterson, NJ. Specifically, his then girlfriend called 9-1-1 and told officers that he had pointed a handgun at her and threatened to kill her. Upon arrival to the scene, officers found a handgun in the trunk of the client’s motor vehicle (for which he did not have a permit). He was arrested and charged with Possession of a Handgun for an Unlawful Purpose (2nd degree felony/indictable crime), Unlawful Possession of a Handgun (2nd degree felony/indictable crime), Terroristic Threats (3rd degree felony/indictable crime), and Aggravated Assault – Pointing of a Firearm (4th degree felony/indictable crime).
At the first court date, the State made a plea offer of 3 years in New Jersey State Prison with a 1 year period of parole ineligible as per the “Graves Act.”
Ms. Hascup immediately retained the services of an investigator to work on behalf of her client. Through the investigator, she discovered that her client’s girlfriend had fabricated the entire incident because she was apparently angry at him, having learned that he was cheating on her. The investigator obtained a statement from her confirming that. The attention then turned to the handgun.
Also through the services of the investigator, Ms. Hascup discovered that her client had come into possession of the handgun less than 24 hours prior to his arrest. He had apparently been volunteering at a youth program in Paterson, NJ and overheard some young boys talking about a handgun that they had obtained. He convinced the boys to surrender the handgun to him. He placed it (in a brown paper bag) into the trunk of his car with the intention of surrendering it through a “no questions asked” program at his local church, which the investigator was able to confirm through his brother, who sits on the Board and had made the surrender arrangements. Unfortunately, he had alerted his girlfriend to the presence of the gun that evening. She made the decision to use to against him the next day.
Ms. Hascup prepared a lengthy submission to the Passaic County Prosecutor’s Office including all of the above information, reports from the investigator, and signed witness statements. This information was presented to a Grand Jury panel and the matter was “no billed” – all charges were DISMISSED.
It was the absolute best outcome for Ms. Hascup’s client.
