Presumptions – Weapons Offenses
Totowa NJ Weapons Offense Defense Lawyer
Experienced criminal defense attorney Alissa D. Hascup represents clients throughout New Jersey, including Totowa, Newark, Wayne, Paterson, Lodi, Hackensack, Denville, and Morristown, who have been charged with weapons offenses such as unlawful possession of a weapon, possession of a weapon for an unlawful purpose, and certain persons offenses.
Ms. Hascup has successfully handled thousands of cases in New Jersey, in Superior Court (indictable/felony level offenses) and Municipal Court (disorderly persons/misdemeanor level offenses).
If you or a loved one has been charged with a weapons offense, it is important that you are represented by an experienced, aggressive defense lawyer who is prepared to attack the State’s case and get you the best possible result.
Contact Alissa D. Hascup anytime for an initial consultation, which is always provided free of charge.
Weapons Offenses – Presumptions in New Jersey: N.J.S.A. 2C:39-2
Presumptions Firearms, Other Dangerous Weapons. N.J.S.A. 2C:39-2 provides:
a. Possession of firearms, weapons, destructive devices, silencers, or explosives in a vehicle. When a firearm, weapon, destructive device, silencer, or explosive described in this chapter is found in a vehicle, it is presumed to be in the possession of the occupant if there is but one. If there is more than one occupant in the vehicle, it shall be presumed to be in the possession of all, except under the following circumstances:
1. When it is found upon the person of one of the occupants, it shall be presumed to be in the possession of that occupant alone;
2. When the vehicle is not a stolen one and the weapon or other instrument is found out of view in a glove compartment, trunk or other enclosed customary depository, it shall be presumed to be in the possession of the occupant or occupants who own or have authority to operate the vehicle; and;
3. When the vehicle is a taxicab and a weapon or other instrument is found in the passenger s portion of the vehicle, it shall be presumed to be in the possession of all the passengers, if there are any, and if not, in the possession of the driver.
b. Licenses and permits. When the legality of a person s conduct under this chapter depends on his possession of a license or permit or on his having registered with or given notice to a particular person or agency, it shall be presumed that he does not possess such a license or permit or has not registered or given the required notice, until he establishes the contrary.
Contact an Experienced New Jersey Weapons Defense Lawyer today
If you find yourself in a situation where you or a loved one have been charged with a weapons offense, the consequences can be serious.
Contact Alissa D. Hascup today to discuss your case and set up a free consultation.
