Possession of Firearm in Drug Trafficking Crime Lawyer in Somerset County, NJ
A possession of firearm in drug trafficking crime charge in Somerset County is a second-degree indictable offense under N.J.S.A. 2C:39-4.1, carrying a mandatory minimum 5-year prison term with parole ineligibility. Law Offices Of SRIS, P.C. provides a strong defense against these severe federal and state charges. Our firm has handled 4,739+ documented case results firm-wide with over 93% favorable outcomes. Call for a 24/7 consultation.
Last verified: April 2026 | Superior Court of NJ, Somerset Vicinage | New Jersey Legislature
In New Jersey, the law treats the combination of drugs and firearms with extreme severity. The specific statute, N.J.S.A. 2C:39-4.1, makes it a second-degree crime to possess a firearm while committing, attempting to commit, or fleeing from a drug trafficking offense. This is distinct from simple unlawful possession of a weapon. The charge applies even if the firearm is not used, brandished, or fired. The mere presence of a gun during a drug crime triggers this mandatory penalty. A conviction requires a mandatory minimum state prison sentence of five years, during which you are not eligible for parole. This charge is often prosecuted alongside other serious indictable offenses, compounding the potential consequences. You need an experienced armed drug trafficking lawyer Somerset County to challenge the evidence and seek a reduction or dismissal.
For the official statute, see N.J.S.A. 2C:39-4.1 (official New Jersey Legislature). For court procedures, visit the Superior Court of NJ, Somerset Vicinage website.
- Secure immediate legal representation before any further questioning by law enforcement.
- Your attorney will file motions to suppress evidence if the search or arrest lacked probable cause.
- Your lawyer will challenge the prosecution’s ability to prove you were in possession of the firearm for purposes of drug trafficking.
- Negotiate for a plea to a lesser offense that does not carry a mandatory minimum, if possible.
- Prepare for trial in Somerset County Superior Court if a favorable plea cannot be reached.
In Somerset County, a possession of firearm in drug trafficking crime conviction carries a mandatory minimum of 5 years in New Jersey state prison without parole, plus significant fines and a permanent felony record.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of Firearm in Drug Trafficking Crime (N.J.S.A. 2C:39-4.1) | Second-Degree Crime | 5-10 years (Mandatory min. 5 years without parole) | Up to $150,000 | Loss of firearm privileges permanently; professional license revocation possible | Federal prosecution possible; permanent felony record; asset forfeiture; immigration consequences for non-citizens |
Results may vary. Prior results do not guarantee a similar outcome.
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to serious criminal defense. Our tagline, “Advocacy Without Borders,” reflects our commitment to aggressive representation. We understand the severe interplay between state drug laws and federal firearms statutes. Our team is prepared to handle the intense scrutiny of these cases in Somerset County Superior Court.
While specific local case counts for this charge are not published, our firm-wide record demonstrates our capability. Law Offices Of SRIS, P.C. has achieved 4,739+ documented case results with a favorable outcome rate exceeding 93%. These results span Virginia, Maryland, New Jersey, New York, and DC, covering a wide range of serious criminal charges. Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. — New Jersey
44 Apple St, 1st Floor, Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
By appointment only. 24/7 phone consultations.
Our New Jersey location serves clients at Somerset County courts. We represent individuals in communities including Somerville, Bridgewater, Franklin Township, Bound Brook, Hillsborough, Warren Township, Watchung, Bernardsville, and Bedminster. If you need a possession of firearm in drug trafficking crime lawyer near Somerset County, contact us 24/7.
FAQ: Possession of Firearm in Drug Trafficking Crime in Somerset County
Does New Jersey have cash bail for a gun and drug charge?
No. New Jersey abolished cash bail in 2017. Your pretrial release for a possession of firearm in drug trafficking crime charge in Somerset County will be decided by a judge based on a Public Safety Assessment risk score, not your ability to pay.
Is there a diversion program for a first-time gun and drug charge?
It depends. Pre-Trial Intervention (PTI) is generally unavailable for this specific charge due to the mandatory minimum sentence and Graves Act implications. However, an experienced armed drug trafficking lawyer Somerset County may negotiate for the underlying drug charge to be placed in PTI in exchange for a plea on the gun charge, potentially avoiding the full mandatory term.
Can I be charged federally for this in Somerset County?
Yes. The U.S. Attorney’s Office for the District of New Jersey often takes cases involving significant drug quantities and firearms. You could face separate, more severe federal charges with longer mandatory sentences, making early involvement of a lawyer familiar with both state and federal systems critical.
What is the Graves Act and how does it apply?
The Graves Act (N.J.S.A. 2C:43-6c) mandates prison time for certain firearms offenses. A possession of firearm in drug trafficking crime charge triggers the Graves Act, requiring the mandatory minimum 5-year sentence with no parole. A judge has very limited discretion to waive this requirement.
What are the main defenses to this charge?
Defenses include challenging the legality of the search that found the gun or drugs, arguing you were not in possession of the firearm, contesting that the drugs were for personal use rather than trafficking, or proving the firearm was not connected to the drug activity. A skilled drug and gun charge defense lawyer Somerset County will investigate all angles.
For more information on related charges, see our pages on New Jersey Criminal Defense or Criminal Defense in Hunterdon County. If you are facing other charges, we also handle DUI/DWI cases in Somerset County.
Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Somerset County is one part of a statewide practice, and our page on possession of firearm in drug trafficking crime lawyer New Jersey covers the process from start to finish.
Your case in Somerset County, New Jersey
Sexual-offense charges are heard in the Criminal Part of the Law Division. In Somerset County that is the Superior Court of NJ, Somerset Vicinage (13th Vicinage), 20 North Bridge Street, Somerville, NJ 08876, telephone (908) 231-7000, open Mon-Fri 8:30AM-4:30PM. Court procedures change; confirm the current schedule on the official vicinage website or with the clerk before you file or appear.
The governing law for this topic is N.J.S.A. 2C:14-2 (aggravated sexual assault) within the New Jersey Code of Criminal Justice, N.J.S.A. Title 2C. Law Offices Of SRIS, P.C. handles Somerset County matters from its New Jersey location at 44 Apple St 1st Floor, Tinton Falls, NJ 07724; meetings are by appointment. Request a New Jersey consultation at (888) 437-7747 or (609) 983-0003.
Related New Jersey pages: Somerset County NJ lawyers directory · Possession of Firearm in Drug Lawyer Bergen County · Possession of Firearm in Drug Lawyer Middlesex County · Possession of Firearm in Drug Lawyer Hudson County.