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New Jersey Red Flag Law Attorneys

Skilled Criminal Defense Lawyers Protect The Rights Of Clients In Mercer County, Middlesex County, and Monmouth County, New Jersey Under New Jersey’s Red Flag Laws

The incidence of gun violence across the country has prompted several states to adopt stricter gun laws. Designed to keep Americans safe, these laws — known as a red flag law in many states — are designed to deter gun violence by providing both law enforcement and the courts with additional legal measures.

If you are a gun owner in New Jersey, it is important to understand the Garden State’s red flag law — including your rights under the law, and what happens if you are subject to an order under New Jersey’s red flag law.

New Jersey red flag law attorneys at Aydelotte & Scardella Law LLC have in-depth knowledge of New Jersey’s gun laws and share more than 18 years of combined criminal defense experience. At Aydelotte & Scardella Law LLC, our dedicated team protects the rights of those who have been charged with a weapons offense in New Jersey. We offer a free initial consultation with our team so that you can make the most informed decision in your case. To schedule your confidential consultation, contact our office.

Experienced Criminal Defense Attorneys Have In-Depth Knowledge Of New Jersey’s Red Flag Laws

New Jersey’s Extreme Risk Protective Order — also known as a “red flag” law — became effective on September 1, 2019. Based on an individual’s risk level for endangerment to themselves or others, this legal protective order is temporary in nature and is designed to keep citizens safe. Under New Jersey’s red flag law, a person’s family member, household member, or a law enforcement officer may file a petition with the New Jersey court to have that individual’s weapon removed based on the belief that the individual poses a dangerous risk to themselves or others. The petition may also temporarily prohibit that person from purchasing a gun or ammunition.

In filing a petition under New Jersey’s red flag law, evidence or testimony must be provided to the court to demonstrate the basis for confiscating an individual’s firearm. This may be evidenced by making threats against others or themselves, or other threatening behaviors. Once a judge evaluates the evidence presented, the judge will determine whether the individual poses a risk of harm to themselves or others, and then — if the evidence supports the petition — the judge will issue an emergency order. 

The judge may grant a protective order even if the individual legally owns a gun and has no criminal record. There is no requirement for the individual to have committed a crime. If the emergency order is granted, then:

  • The individual’s gun may be confiscated by law enforcement 
  • Law enforcement may take measures to prevent the individual from purchasing a new gun

It is important to remember that the emergency protective orders that can be carried out under New Jersey’s red flag laws are temporary. After the order is issued and carried out, the judge holds a hearing ten days later to hear more details regarding the basis for the protective order. An argument against the emergency order may be made at this time. An experienced criminal defense attorney who is knowledgeable of New Jersey’s red flag law will present evidence to the judge and argue on your behalf to have the protective order lifted. 

Experienced red flag law attorneys at Aydelotte & Scardella Law LLC offer a free initial consultation for those charged with a gun crime in New Jersey. To arrange for your confidential consultation, contact our office.

Talented Red Flag Law Attorneys Successfully Represent Those Facing Weapons Charges In Mercer County, Middlesex County, and Monmouth County, New Jersey

The best way to have a charge dismissed is to present a strong defense against the charge itself. This is true for all criminal charges, including a red flag law charge. But when you feel as though you have done nothing wrong, and there are no logical grounds —  in your mind — for you to have your gun confiscated, you may wonder where to even begin. 

Let us help. At Aydelotte & Scardella Law LLC, our talented red flag law attorneys share more than 18 years of combined experience defending our clients and protecting their gun ownership rights. Our dedicated team handles each case personally, working tirelessly on your behalf to present a strong case for having the emergency protective order lifted. Aydelotte & Scardella Law LLC offers a free initial case evaluation, reviewing the evidence that was introduced in support of the emergency protective order against you, informing you of your rights, and explaining the best legal approach for developing a winning defense. To schedule your free initial consultation, contact our office.

Frequently Asked Questions About Red Flag Laws In New Jersey

FAQ: I have been charged under New Jersey’s red flag law and law enforcement confiscated my weapon. What happens next?

Once a judge approves the emergency restricted order and law enforcement confiscates your weapon, the next step is a court hearing which is scheduled 10 days later. At this hearing, you — or your defense attorney — will present a case to the judge as to why this emergency order should be lifted. It is important to have skilled legal representation for the hearing, particularly an attorney with experience handling red flag law charges. Your attorney will prepare a strategic defense, negotiate with the prosecutor, and advocate on your behalf to have the order lifted.

FAQ: I have no criminal record and haven’t done anything wrong. Can my gun still be taken away under New Jersey’s red flag laws?

Yes. An Extreme Risk Protective Order can be served to any individual that the court considers high risk for firearm violence, regardless of whether the individual has a criminal record. But keep in mind that the emergency order is temporary. The judge in your case will hold a hearing after the order is issued so that you will have the opportunity to argue against the order and to present evidence for the order to be lifted.

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