Possession of Firearms in Drug Trafficking Crime Lawyer in Somerset County, NJ

Possession of a firearm in furtherance of a drug trafficking crime under 18 U.S.C. § 924(c) is a severe federal offense prosecuted in the U.S. District Court for the District of New Jersey. A conviction carries a mandatory minimum sentence of 5 years, consecutive to any other sentence. Law Offices Of SRIS, P.C. provides defense for these charges.

Last verified: March 2026 | U.S. District Court for the District of New Jersey | New Jersey Legislature

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Federal Law on Guns and Drugs

Federal law aggressively prosecutes the combination of drugs and firearms. The primary statute is 18 U.S.C. § 924(c), which criminalizes using or carrying a firearm during and in relation to any crime of violence or drug trafficking crime, or possessing a firearm in furtherance of such a crime. This charge is separate from the underlying drug offense and carries severe, mandatory penalties. In Somerset County, these cases are typically investigated by federal agencies like the DEA, FBI, or ATF and prosecuted by the U.S. Attorney’s Office for the District of New Jersey.

Official Legal Resources

For the official text of the federal statute, see 18 U.S.C. § 924 (Cornell Legal Information Institute). For information on the federal court handling these cases, visit the U.S. District Court for the District of New Jersey website.

Defense Strategy for Somerset County Federal Cases

Defending against a 924(c) charge requires challenging both the “drug trafficking crime” element and the “in furtherance of” connection. Prosecutors must prove the firearm was strategically placed to advance the drug crime, not merely present. In the Newark and Trenton divisions of the District of New Jersey, defense often involves attacking the legality of the search, the chain of custody of evidence, and the intent linking the gun to the drugs.

Initial Investigation & Arrest: Case begins with a federal grand jury indictment following an investigation by agencies like the DEA or FBI.
Initial Appearance & Detention Hearing: You will appear before a U.S. Magistrate Judge. Your attorney will argue for pretrial release or favorable bail conditions.
Discovery & Motion Practice: Your defense lawyer reviews all evidence, files motions to suppress illegally obtained evidence, and challenges the prosecution’s legal theory.
Plea Negotiations or Trial: Most federal cases end in a plea agreement. Your attorney negotiates to dismiss the 924(c) charge or secure a favorable plea to the underlying drug charge only.
Sentencing: If convicted, sentencing follows the U.S. Sentencing Guidelines. A 924(c) conviction adds a mandatory consecutive prison term.
Appeal: You have the right to appeal a conviction or sentence to the U.S. Court of Appeals for the Third Circuit.

Penalties for Federal Drug and Gun Crimes

In federal court, a conviction for possession of firearms in drug trafficking crime under 18 U.S.C. § 924(c) carries a mandatory minimum sentence of 5 years in prison, which must run consecutively to the sentence for the underlying drug crime.

Offense	Classification	Mandatory Incarceration	Maximum Fine	Additional Consequences
18 U.S.C. § 924(c) (First Offense)	Federal Felony	5 years (consecutive)	$250,000	Forfeiture of firearm; felony record; loss of civil rights.
18 U.S.C. § 924(c) (Subsequent Offense)	Federal Felony	25 years (consecutive)	$250,000	Same as above, with dramatically enhanced prison term.
Underlying Drug Trafficking Crime (e.g., 21 U.S.C. § 841)	Federal Felony	Varies by drug type/quantity	Up to $10 million	Asset forfeiture; supervised release after prison.

Results may vary. Prior results do not guarantee a similar outcome.

Why Choose Our Firm for Your Federal Defense

Founded in 1997, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to federal cases. Our founding attorney, Mr. Sris, is a former prosecutor with a background that provides a strategic advantage in dissecting the government’s case. We understand the high-stakes nature of federal prosecutions in New Jersey and build defenses focused on the specific procedures and tendencies of the U.S. Attorney’s Office for the District of New Jersey.

Mr. Sris

Owner & CEO, Managing Attorney

Bar Admissions: Virginia, Maryland, District of Columbia, New Jersey, New York.

Mr. Sris, a former prosecutor and firm founder, provides strategic oversight on federal criminal defense matters. His multi-state practice and deep understanding of federal procedure are critical for cases involving possession of firearms in drug trafficking crimes. He accepts a limited number of contested cases to ensure direct, strategic involvement.

Our Approach to Your Case

We approach every federal drug and gun charge defense with immediate action. Our first goal is to secure your release or favorable bail conditions. We then conduct a thorough investigation, often working with forensic professionals to challenge the evidence. We file aggressive pretrial motions and engage in strategic plea negotiations, always with the aim of reducing exposure to mandatory minimum sentences. Firm-wide, our attorneys have handled 4,739+ documented case results.

Results may vary. Prior results do not guarantee a similar outcome.

Contact Our Somerset County Federal Defense Lawyers

Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (732) 455-5120
By appointment only.

Our New Jersey location serves clients facing federal charges in Somerset County, including those in Somerville, Bridgewater, and Franklin Township. We offer 24/7 phone consultations — call (888) 437-7747 — with meetings by appointment only.

Federal Drug and Gun Charge Defense FAQs

What does “in furtherance of” mean in a 924(c) charge?

It depends. The government must prove the firearm was strategically placed to promote or facilitate the drug trafficking crime. Mere presence of a gun near drugs is insufficient. A strong defense argues the gun was for personal protection, stored separately, or unrelated to the drug operation.

Can state and federal prosecutors both charge me for the same drug and gun crime?

Yes. The Double Jeopardy Clause typically does not bar separate prosecutions by state and federal governments for the same conduct (dual sovereignty doctrine). You need an armed drug trafficking lawyer Somerset County who understands both systems to handle the risks.

Is there parole in the federal system?

No. The federal system abolished parole in 1987. Time served is determined by the sentence imposed minus good conduct credit (up to 54 days per year). Mandatory minimum sentences, like those under 924(c), must be served in full.

What is the difference between “use or carry” and “possession in furtherance of” under 924(c)?

“Use or carry” implies active employment or transportation of the firearm. “Possession in furtherance of” requires proof the gun furthered the drug crime’s purpose. The latter is a broader charge often used when a gun is found in a home or car with drugs. A skilled drug and gun charge defense lawyer Somerset County will challenge the specific link prosecutors allege.

Can a plea agreement remove a 924(c) charge?

Yes. A primary goal of negotiation is often to have the government dismiss the 924(c) count in exchange for a plea to the underlying drug charge. This avoids the mandatory consecutive sentence. Success depends on the strength of the government’s evidence and the defense attorney’s negotiation skill.

For more information on related defenses, see our pages on New Jersey Criminal Defense and Federal Criminal Defense in Bergen County. If you are facing other charges in Somerset County, our Somerset County DUI lawyers can also assist.

Page last verified: 2026-04. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.