gun

2nd Degree Handgun Indictment Dismissed

William Proetta Criminal Law | | Drug Crimes

We recently defended a client who had been indicted for second degree Unlawful Possession of a Weapon, second degree Possession of a Weapon for Unlawful Purposes, and fourth degree Possession of a Controlled Dangerous Substance (CDS) for “Molly” after police arrested him for possession of handgun and a drugs. Each second degree weapon charge carries 5 – 10 years in state prison with a presumption of incarceration and a mandatory 3 years of parole ineligibility in accordance with The Graves Act. Meanwhile, the fourth degree CDS charge carries an additional 18 months in state prison. This meant that our client was facing a total of 21 1/2 years in state prison with 6 years of parole ineligibility if our client lost at trial. To make matters worse, our client had an extensive criminal record including federal charges where he had served prior incarceration.

Indicted on Gun & Drugs – Walks Out with Petty Misdemeanor

As part of discovery, the handgun that the cops confiscated was sent to forensics for latent fingerprint testing. When the results showed that our client’s prints were not on the handgun, we made a motion to dismiss both counts of the indictment for the second degree weapons charges. A Superior Court Judge granted the motion and dismissed part of the indictment, leaving only the fourth degree CDS crime. At that point, our attorneys challenged the constitutionality of the search and seizure of the drugs by the police and we were able to convince the County Prosecutor to downgrade and amend the charge from the felony to a petty disorderly persons offense for Loitering to Obtain CDS. Our client went from facing a lengthy mandatory state prison term and multiple felony convictions, to being able to simply walk out of court with probation and no loss of license. If you or your loved one has been charged and arrested for unlawful possession of a weapon or gun, then contact our office at (908) 838-0150 for a free consultation with an experienced criminal attorney.

State v. J.B.

William Proetta
Author: William A. Proetta, Esq.

Criminal defense attorney William A. Proetta is the founder of William Proetta Criminal Law. He has defended individuals facing criminal charges in New Jersey for over a decade, successfully handling thousands of cases involving charges ranging from DWI to murder. In addition to criminal defense, William also focuses on juvenile defense, restraining orders, and expungement.

He has extensive DWI defense credentials. William is one of a handful of attorneys in New Jersey recognized as a DUI Detection and Standardized Field Sobriety Testing Instructor by the National Highway Traffic Safety Administration and the International Association of Chiefs of Police. He is also certified in the maintenance and operation of the Alcotest 7110, a breath-testing device used during DWI traffic stops.

William earned both his law and undergraduate degrees from Seton Hall University. He is a member of the American Bar Association, the New Jersey State Bar Association, and the New Jersey Association for Justice. In addition to recognitions from the Super Lawyers organization, William was also named to Top 40 Criminal Attorneys Under 40 by the National Trial Lawyers Association, and he received Client’s Choice honors from Avvo.

Admitted to New Jersey Bar: 2010
Years of Legal Experience: 16
Listed as a Super Lawyer: 2024-Present
Listed as a Rising Star by Super Lawyers: 2017-2020, 2023