Passaic County NJ Seizure of Weapons Lawyer
Domestic Violence Defense Attorney in Clifton, New Jersey
Criminal defense attorney Alissa D. Hascup represents clients throughout New Jersey, including in Paterson, Clifton, Wayne, Totowa, and Passaic County who have been charged with domestic violence related criminal offenses such as kidnapping, arson, and simple assault.
She has successfully handled countless cases in New Jersey, in Superior Court (indictable/felony level offenses) and Municipal Court (disorderly persons/misdemeanor level offenses). She is a former domestic violence prosecutor and special deputy attorney general. During the course of her career with the Morris County Prosecutor’s Office, she handled cases ranging from Homicide (murder) and aggravated assault to robbery and weapons offenses. Now she is fighting for you.
If you or a loved one has been involved in a domestic violence or other related incident where weapons were at issue, it is important to consult with an experienced lawyer who understands the nuances of New Jersey criminal law and restraining order hearings.
Seizure of Weapons in New Jersey: N.J.S.A. 2C:25-21d(1)
A police officer who has probable cause to believe that an act of domestic violence has been committed shall, pursuant to N.J.S.A. 2C:25-21d(1):
a. Question all persons present to determine whether there are weapons on the premises.
b. If an officer sees or learns that a weapon is present within the premises of a domestic violence incident and reasonably believes that the weapon would expose the victim to a risk of serious bodily injury, the officer will attempt to gain possession of the weapon. If a law enforcement officer seizes any firearm, the officer will also seize any firearm purchaser identification card or permit to purchase a handgun issued to the person accused of the act of domestic violence.
c. If the weapon is in plain view, the officer will seize the weapon.
d. If the weapon is not in plain view but is located within the premises possessed by the domestic violence victim or jointly possessed by both the domestic violence assailant and the domestic violence victim, the officer will attempt to obtain the consent of the victim to search for and seize the weapon.
e. If the weapon is not located within the premises possessed by the domestic violence victim or jointly possessed by the both the domestic violence assailant and the domestic violence victim but is located upon other premises, the officer will attempt to obtain possession of the weapon from the possessor of the weapon, either the domestic violence assailant or a third party, by a voluntary surrender of the weapon.
f. If the domestic violence assailant or the possessor of the weapon refuses to surrender the weapon or to allow the officer to enter the premises to search for the named weapon, the officer will seek to obtain a Domestic Violence Search Warrant for the Search and Seizure and Weapons.
Seizure of a Weapon Pursuant to Court Order: N.J.S.A. 2C:25-26 and N.J.S.A. 2C:25-28j
a. If a domestic violence victim obtains a Temporary Restraining Order (“TRO”) or a Final Restraining Order (“FRO”) directing that the domestic violence assailant surrender a named weapon, the officer will demand that the person surrender the named weapon.
b. If the domestic violence assailant or the possessor of the weapon refuses to surrender the weapon, the officer will:
- inform the person that the Court Order authorizes a search of the premises for the named weapon, and
- if the person refuses to surrender the named weapon, arrest the person for failing to comply with the Court Order, and
- then conduct a search of the named premises for the named weapon and seize the named weapon upon discovery.
c. The officer will attach an inventory (i.e., list) of seized weapons to the domestic violence offense report.
d. Weapons seized by a police officers, along with any seized firearms identification card or permit to purchase a handgun, must be promptly delivered to the County Prosecutor along with a copy of the domestic violence offense report and, where applicable, the domestic violence complaint and TRO.
Simply most, in almost all cases involving domestic violence, if there are weapons present within the premises, they will be seized.
Contact a Wayne NJ Weapons Seizure Lawyer for a Free Consultation
If you find yourself in a situation where you or a loved one have been charged with a crime involving domestic violence, the results can be serious. Call or email the office of Alissa D. Hascup anytime for an initial consultation, which is always provided free of charge.