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The New Jersey Supreme Court has changed how courts review a prosecutor’s refusal to seek a Graves Act waiver. In State v. Delshon J. Taylor, Jr., the Court ruled unanimously that a prosecutor’s denial of a Graves Act waiver should be reviewed under an ordinary abuse of discretion standard, not the far tougher “patent and […]
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Yes, a gun charge can be dismissed in New Jersey, but it is not automatic and it is not the most common outcome in a firearms case. The factual details — how police found the weapon, when it was found, whether prosecutors can prove every element of the offense, and the defendant’s criminal history — […]
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