Can a public defender beat a weapon charge? My boyfriend was not initially charged 5/11 until now.

Asked 8 months ago - Paterson, NJ

my boyfriend was the driver of the car. The passenger was the only person charged 5/11. The gun was found under the passenger's seat. How can my boyfriend prove that he did not know the passenger had a gun?

Attorney answers (5)

  1. Benjamin G Kelsen

    Pro

    Contributor Level 17

    4

    Lawyers agree

    Answered . There are many very good attorneys who work for the public Defender's office and could successfully defend against serious charges. One of the best defense attorneys in the state works at the Passaic County PD's office.

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  2. Santos A Perez

    Contributor Level 12

    3

    Lawyers agree

    Answered . To "beat" a charge and to "win" is a tagline used in the movies or in marketing by attorneys. Reality is much more different. There are some public defenders who are actually "Super Lawyers" - among the best of the best. However, because public defenders often are overwhelmed with cases, defendants sometime prefer the one-to-one dealings of a private attorney, since they are generally able to give the client more time. Your case is a "constructive possession" case . Yes, you can prove he had no knowledge - with the caveat that most attorneys (including public defenders) would advise the defendant NOT to testify on his/her behalf that he or she had no knowledge of the weapon. Each case is different and you are advised to seek private counseling in an office with a criminal defense attorney.

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  3. Mark M Cheser

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . PDs can do the job. The question is their time. In this case there is a presumption but the State still has the burden.

  4. Ronald J Brandmayr Jr

    Contributor Level 12

    2

    Lawyers agree

    Answered . Two comments. One, public defenders in New Jersey are well trained attorneys. Second, your boyfriend doesn't have to prove his innocence. The State ( prosecutor) has to prove his guilt.

  5. Jeremy-Evan Alva

    Contributor Level 11

    2

    Lawyers agree

    Answered . Yes a public defender can beat a weapon charge and even murder charges. Just like private lawyers,mothered are some very good defenders and some very bad just like private lawyers.

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