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Arrested with an airsoft gun (imitation firearm)

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What is the name of your state?
New Jersey

I live in New Jersey and the other night I got really, really drunk and decided to go outside in my boxers with an airsoft pistol. I ran over to a neighbor's yard and started yelling at the kids in the yard to get out. I did not point the gun at anyone at any time, just held it down next to my side. I was so drunk that I barely remember what happened, so i'm going off what the reports said.

I was given 2 charges:

NJS 2c:39-4E Unlawful possession of imitation firearm, a crime of the fourth degree

and NJS 2C:33-2a(2) Improper behavior, a petty disorderly persons offense

I was put in county jail with a bail of $2500, I bailed out the next day. I've realized by now that my drinking is out of control and have decided to go to alcoholics anonymous. The case is scheduled to go before the Camden County case screening unit, where they will decide whether I need to be charged by the state, or if it will be kicked down to a municipal level. I'm very sorry for what I did and am ready to plead guilty and cooperate fully. I'm just scared that I might get jail time for this because I know it's serious. I would be willing to do anything like community service, or even pay a more extensive fine in order to avoid jail time. I honestly have no idea why I did what I did, it was really stupid, one of the officers told me that I could have been shot.

If anyone knows what might happen to me please respond here, I just need to prepare myself if I have to go to jail. I have a clean record (except for 2 minor local ordinance violations), a full time job, my own home, when i'm sober i'm a good part of society, I just can't drink anymore. Also does enrolling in AA help with this kind of case?
 


seniorjudge

Senior Member
You need a lawyer.

Period.

End of story.

Even if.




(You have to remember that judges hear these remorse stories thousands of times.)
 
You need a lawyer.

Period.

End of story.

Even if.




(You have to remember that judges hear these remorse stories thousands of times.)
Ok, I pretty much know that I have no defense, I cooperated fully with the police, was mirandized and confessed. So I need a lawyer to help me work out a plea agreement?
 

xylene

Senior Member
So I need a lawyer to help me work out a plea agreement?
You need a lawyer to help you with your CASE.

Plea may be an option.

Attacking the offense may be an option.

Did you meet the unlawful purpose test the law requires for the possession to be illegal?

Well... signs point to yes. You used the gun to drunkenly menace minors on their own another's property.
 
will it help that I was highly intoxicated while being interrogated. Supposedly I was read my miranda rights and signed but I barely even remember what happened or what I said. Can you be interrogated while intoxicated? The reason why I ask is that my roommate (who was there) said that when I was in my apartment I was telling him about something or someone outside and was making no sense, I drank about a fifth of rum
 
Well it looks like i'm pretty much screwed, and probably will be going to jail. I can't even afford an attorney so i'm gonna have to get a public defender. I won't find out if the case will be tried at a municipal level or at the Camden County Courthouse until next week when I go before the case screening unit.

Another issue is, about 6 months back I damaged some property (was charged with a local ordinance violation, not on my record). I'm paying $200 a month in restitution, if I miss a payment the entire balance becomes due immediately. What happens with that if I go to jail since I won't be able to make my payments?
 

seniorjudge

Senior Member
Well it looks like i'm pretty much screwed, and probably will be going to jail. I can't even afford an attorney so i'm gonna have to get a public defender. I won't find out if the case will be tried at a municipal level or at the Camden County Courthouse until next week when I go before the case screening unit.

Another issue is, about 6 months back I damaged some property (was charged with a local ordinance violation, not on my record). I'm paying $200 a month in restitution, if I miss a payment the entire balance becomes due immediately. What happens with that if I go to jail since I won't be able to make my payments?
I think you mean pre-trial diversion. And you can't get one since those are for folks who are unlikely to get in trouble again.
 

xylene

Senior Member
I think you mean pre-trial diversion. And you can't get one since those are for folks who are unlikely to get in trouble again.
No, he is right. But you are right too. While pre - trial intervention is a NJ program that is gear towards people who have commited substance abuse related crimes, the fact that he has already adjudicated a crime by agreeing to civil restitution isn't real good.
 
Well I was told by the prosecutor that the local ordinance violation is the same as a parking ticket it does not go on my record. If anyone were to check my record right now you would not find anything. The reason they gave me such a lenient charge is because first of all I turned myself in on my own, admitted to everything I did and cooperated fully. I was under the impression that your record is your record. I looked it up and it said on the NJ courts website that you qualify for PTI if you have been charged with a crime that will most likely end up with a substantial fine or jail time, and that you have never been convicted of such in the past or received a suspended sentence, probation, or community service.
 

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