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convicted of possession of CDS N.J.S.A. 24-19A AND distribution

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convicted of possession of CDS N.J.S.A. 24-19A AND distribution N.J.S.A 24:21-19A. Year 1979 In 1984 received probation for N.J.S. 24:21-21-20 Possession of controlled dangerous substance. Will these convictions prevent me from perchasing a handgun in the state of Virginia. If they do, what are my recourses.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  LawHelpNow replied 5 years ago.

Hello and thanks for choosing Just Answer®. I am a licensed attorney, and I will be glad to try and assist you. To provide you with accurate information, could you please clarify these points:

 

  1. Were these felony or misdemeanor convictions?
  2. Were you a juvenile or an adult at the time of conviction?

 

Once I hear back from you, I will be glad to let you know my answer. There may be some delay as I am assisting other customers or am away from my computer. Please rest assured, however, that I will get back to you as soon as possible.

 

Thanks!

Customer: replied 5 years ago.
I believe that I can not purchase a hand gun in Vir. These charges were a felony if I am not mistaken.
Expert:  LawHelpNow replied 5 years ago.

Thanks for writing back so quickly.

 

Could you please confirm if you were an adult or a juvenile at the time? I will have your answer for you thereafter. It will be a bit later this evening, but will definitely be today.

 

Thanks!

Customer: replied 5 years ago.
an adult
Expert:  LawHelpNow replied 5 years ago.

Hello and thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.

 

  1. I am a licensed attorney, and I will be glad to try and answer your question. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification on anything after reviewing the following information. Thank you for taking the time to write back and supply the additional requested information, which was helpful to my analysis of your inquiry. I hope that everything gets resolved appropriately for you in this matter.
  2. Unfortunately, I am afraid I must agree with you that these convictions will indeed prevent you from purchasing a handgun in Virginia. This is even mentioned in the Virginia State Police Firearms Purchase Eligibility Test. Realizing that the convictions were in New Jersey, you will still need to obtain a Restoration of Firearm Rights to qualify under Virginia law.
  3. Here is how this works under New Jersey law. I do not mean to sound discouraging or harsh, but I want to be upfront with you about your chances for success here. This varies widely by jurisdiction. For example, Pennsylvania is fairly easy as far as eastern states go -- Vermont is probably the most lenient state in the region. However, New York and New Jersey are notoriously difficult. New Jersey has a particularly strict law regarding felons and firearms.
  4. Specifically, New Jersey Statutes 2C:39-7 provides: "6. Certain Persons Not to Have Weapons. a. Except as provided in subsection b. of this section, any person, having been convicted in this State or elsewhere of the crime of aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual assault or endangering the welfare of a child pursuant to N.J.S.2C:24-4, whether or not armed with or having in his possession any weapon enumerated in subsection r. of N.J.S.2C:39-1, or any person convicted of a crime pursuant to the provisions of N.J.S.2C:39-3, N.J.S.2C:39-4 or N.J.S.2C:39-9, or any person who has ever been committed for a mental disorder to any hospital, mental institution or sanitarium unless he possesses a certificate of a medical doctor or psychiatrist licensed to practice in New Jersey or other satisfactory proof that he is no longer suffering from a mental disorder which interferes with or handicaps him in the handling of a firearm, or any person who has been convicted of other than a disorderly persons or petty disorderly persons offense for the unlawful use, possession or sale of a controlled dangerous substance as defined in N.J.S.2C:35-2 who purchases, owns, possesses or controls any of the said weapons is guilty of a crime of the fourth degree. b. A person having been convicted in this State or elsewhere of the crime of aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual assault or endangering the welfare of a child pursuant to N.J.S.2C:24-4, whether or not armed with or having in his possession a weapon enumerated in subsection r. of N.J.S.2C:39-1, or a person having been convicted of a crime pursuant to the provisions of N.J.S.2C:35-3 through N.J.S.2C:35-6, inclusive; section 1 of P.L.1987, c.101 (C.2C:35-7); N.J.S.2C:35-11; N.J.S.2C:39-3; N.J.S.2C:39-4; or N.J.S.2C:39-9 who purchases, owns, possesses or controls a firearm is guilty of a crime of the second degree.

    c. Whenever any person shall have been convicted in another state, territory, commonwealth or other jurisdiction of the United States, or any country in the world, in a court of competent jurisdiction, of a crime which in said other jurisdiction or country is comparable to one of the crimes enumerated in subsection a. or b. of this section, then that person shall be subject to the provisions of this section. L.1979,c.179,s.6; amended 1987,c.106,s.6; 1991,c.436; 1992,c.74,s.3; 1995,c.114." [emphasis added in italics]

  5. Furthermore, New Jersey Statutes 2C:52-2(c) provides in pertinent part: "In the case of conviction for the sale or distribution of a controlled dangerous substance or possession thereof with intent to sell, expungement shall be denied except where the crimes relate to: (1) Marijuana, where the total quantity sold, distributed or possessed with intent to sell was 25 grams or less, or (2) Hashish, where the total quantity sold, distributed or possessed with intent to sell was five grams or less." If the particulars of your convictions are such that you do qualify, given that New Jersey is the state of conviction you would need to retain a criminal defense attorney to draft a petition and supporting documentation, get the matter set on the docket, and make an appearance in court to argue on your behalf at a hearing. The laws are much more favorable in some jurisdictions, so I am sorry to be the bearer of negative news.

 

I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

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The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

LawHelpNow, Attorney/Lawyer
Category: Criminal Law
Satisfied Customers: 7593
Experience: Relax. Let's work together. Practical solutions.
LawHelpNow and 8 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.

 

Thank you for yuor reply.I was hoping for beeter news. Is there anyway that I can proceed. Must I get denied and then protest the denial. what would be involved.25 years

without any arrests seems to be alot to pay for earlier misconduct.

 

Thanks,

van

Expert:  LawHelpNow replied 5 years ago.

Hello there and thanks for writing back. I will be glad to comment further.

 

Personally, I agree with you entirely. This was one of those situations where the law does not provide what is, in my opinion, a proper remedy for someone in your shoes. It seems to be just plain bad luck that it happens to be this jurisdiction. Some states promulgate standardized free forms available to the public and make it so much easier to apply for expungement.

 

Do you recall the name and location of the court where your cases were adjudicated? If you could let me know that information, I might have an idea for you. I would be glad to help out however I can (without any further charge to you).

 

Take care and thanks again for using JustAnswer®.

Customer: replied 5 years ago.

 

Indictment No. 18-79 New Jersey Superior Court Monmouth County Law Division-Criminal.Oct.5,1979.Originally it was a 9 count indictment.

 

Count 1: Possession CDS with intentent to dist N.J.S.A 24:21-19A (1)

Count 2: Distribute CDS 24:19A(1) Count 3 Possession 24:21-20A(4)

Count 4 Unlawfull poss of CDS with intent to distribute N.J.S.A24:21-19a

Count 5 Unlawal distribution marijuana 24:21-19A(1) Count 6 conspiracy to distrbute.

Count 7&8 pertains to others,my name not mentioned

Count 9 three co conspirators& myself unlaw distribution N.J.S. 25:21-19A(1)

Count 1,2,3,4&6 were dismissed.Sentenced on #5&9 May 15,1980

 

6-9-84 arrested S.B.I # XXXXX Accusation # XXXXX 1085-7-84,Case # XXXXX possession

Schedule2 CDS: to wit Cocaine. N.J.S. 24:20-20(a) (1) (Count1) Quilty Oct.12,1984 fine and received 2 yrs. Probation. I am not sure this was felony.

I would to have my record expunged as you stated,If you need copies of the convictions I can mail them.If you need any info please reply

 

Thank you very much,

Harold A Van Brunt

Expert:  LawHelpNow replied 5 years ago.

Hello again,

 

Thanks for writing back with the details. Yes, these do look like felonies -- and I think expungement is probably the way to go here. Here are a few things I would suggest pursuing. First, contact Mary Ann McGevna, Criminal Division Manager,(NNN) NNN-NNNN or in person at the courthouse, and inquire as to a "pro se expungement packet". If they do not provide one specifically for Monmouth County, I was able to secure some information pertinent to all New Jersey Superior Courts.

 

This is a kit called How to Expunge Your Criminal Record and includes an overview of the law plus the actual required forms and filing instructions. It is published by the New Jersey Judiciary and is the best thing I have even seen for this jurisdiction. I had to do a bit of convoluted sleuthing to locate it -- the website has been revamped but I was able to obtain it through sort of a roundabout way.

 

Armed with this packet, I think you would stand a much better chance of success if you decide to proceed without legal counsel. If you do retain an attorney, I would suggest a couple of things. First, try to obtain a flat fee rather than the traditional hourly billing method. Most lawyers who handle expungements will offer this. Second, use a lawyer who is experienced in New Jersey expungements and will not be on a learning curve himself or herself. I cannot vouch for anyone personally or make any specific recommendations. However, I have read about Allan Marain being a noted lawyer with New Jersey expungements. His site is a good source of information as well, if you check out the links on the left side of the page. Especially with you being out of state, I think that it would be best to contact such an attorney and at least inquire as to rates. Perhaps you could complete the forms using the pro se kit and then a lawyer would handle the rest for a reduced fee.

 

I hope this helps a bit more and that you can get things worked out in this matter.

 

Take care and thanks again for using JustAnswer®.

LawHelpNow, Attorney/Lawyer
Category: Criminal Law
Satisfied Customers: 7593
Experience: Relax. Let's work together. Practical solutions.
LawHelpNow and 8 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.

thank you very much.I would like to send a bonus. How do I do this, I tried but it did not work.

 

harold

Expert:  LawHelpNow replied 5 years ago.

You are quite welcome. It has been a pleasure interacting with you.

 

I greatly appreciate your kind and generous offer of a bonus. I am sorry you encountered difficulty with the system. If the "bonus" button on your question page does not work, for 24 hour customer service please submit a support request. Requests are generally responded to within an hour. You can also reach Customer Service at(NNN) NNN-NNNNx 4 Monday through Friday, 9am-6pm Pacific Time.

 

Thanks again!

 

Take care and thanks again for using JustAnswer®.

LawHelpNow, Attorney/Lawyer
Category: Criminal Law
Satisfied Customers: 7593
Experience: Relax. Let's work together. Practical solutions.
LawHelpNow and 8 other Criminal Law Specialists are ready to help you

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