Tuesday 26 November 2013

Willingboro Man Charged With The Unlawful Possession Of A Gun

A 30 year old Willingboro man was charged with the unlawful possession of a gun after he reported it missing to police. On 7th October, he rejected a plea deal in Superior Court that could have kept him out of state prison.

A 30 year old Willingboro man was charged with the unlawful possession of a gun after he reported it missing to police. On 7th October, he rejected a plea deal in Superior Court that could have kept him out of state prison.
He told the judge that he would not accept the negotiated deal because he did not want a second-degree crime on his record.
He told the judge that he took the weapon, a 9mm semi-automatic handgun, to the Westampton Municipal Building on Oct. 7, 2010, to register it when the weapon went missing after he hid it to enter the facility.
He went there for a municipal court hearing to answer a traffic summons and dropped a backpack with the gun into a recycling bin when he saw that the courtroom was equipped with metal detectors and that officers were searching people’s bags. When he came back to retrieve the bag, it was gone and he filed a police report for a lost or stolen gun.
According to Police, he was arrested and charged after he reported to police that he lost his handgun but did not have a permit to carry it.
Guns and weapons offenses lawyer NJ, Joel Silberman1 says about this type of crime, “Federal and local New Jersey authorities spend significant energy seeking out those that possess illegal weapons, especially unregistered handguns. Prosecutors and Judges are extremely tough on weapons related offenses. Even first time offenders often face stiff prison sentences. If you have been arrested or charged with a weapons related offense you need to speak with Joel Silberman as soon as possible.” (Ref: The Law Office of Joel Silberman, LLC, http://www.joelsilbermanlaw.com/our-practice/guns-aweapons-offenses/)
The original plea deal called for a five-year state prison sentence with no parole for one year. After defense attorney presented evidence to Burlington County Assistant Prosecutor showing that the gun was purchased legally in Georgia and that defendant recently had moved or was in the process of moving to New Jersey, the plea deal was amended to a time-served sentence and two years of probation.
But the prosecutor rejected the defense’s claim that defendant was still a resident of Georgia saying the documents showed the defendant’s move was “close in time” to the Westampton incident, and that the state was willing to accept Henderson was in a “transition period” and may not have understood his obligations under the law in New Jersey.
The attorneys believed they had a new deal, but the defendant told the judge he would not plead to a second-degree crime when he felt a “fourth-degree paper charge or a disorderly persons” offense was warranted.
His case is scheduled for trial on 3rd December. The judge said under state law, the defendant, if convicted, faces up to 10 years in prison with no chance of parole for five full years.

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1. Joel Silberman: Criminal Defense Attorney and Jersey City lawyer Joel Silberman focuses exclusively on Criminal Defense. Some of Joel’s most notable Adult and Juvenile cases involved charges related to Homicide, Gun Offenses, Aggravated Sexual Assault, Trafficking Narcotics, Fraud and Aggravated Assault. Call Joel at 201-273-7070 or Toll Free: 800-889-3129 or send e-mail at joel@joelsilbermanlaw.com. Office is located at 549 Summit Ave, Jersey City, NJ 07306. Visit http://www.joelsilbermanlaw.com/ for more information.

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