Free Consultations | Available 24/7
Call Now 856-830-6433

What are the requirements for a dismissal under the Graves Act?

Under the Graves Act, mandatory minimum sentencing occurs. For the prosecution to be able to create a plea deal and dismiss a charge carrying this type of sentence, there are specific requirements.

Because the Graves Act crimes deal with firearms, courts are not too quick to dismiss charges. But the legal system has created three criteria for prosecutors to meet to be able to waive or dismiss a charge under this law during a plea bargain deal agreement to get the court’s approval.

Cooperation

The prosecution must say on the record that creating a plea bargain is the only way to move forward with the case. They must present a statement that without this deal, the defendant would not cooperate.

Proof

The prosecution must also present on the record that the evidence in the case is not enough to get a conviction. They can also state the likelihood of an acquittal is very high. Essentially, the prosecutor must admit he or she has no real legal basis for the charges, and the court would not find the defendant guilty.

Parole ineligibility term

The prosecutor must show the parole ineligibility term for the offense is a requirement or will be a requirement of the plea bargain. The term must be equal to that required under the law.

The prosecution does not have to prove all points to get a waiver of a charge. But they must show at least one applies to get court approval for the plea bargain. The court must approve any plea deal for it to go through. Without this approval, the prosecutor cannot make such an agreement.

Schedule Your Criminal Defense Case Evaluation

Provide the information below or call us at:

856-830-6433

100% Secure. We respect your privacy. See here.

What My Clients Say

"I cannot say enough good things about Jill and her staff... During one of the most trying times for me, not only did she support me, but she and her staff truly listened to me and, most importantly, had my best interest at heart. I will refer Jill to anyone that needs a hands-down professional, caring lawyer to get them through a difficult time."

— Elizabeth S.
More Five Star Reviews

Work With A Skilled, Certified Criminal Trial Attorney From The Beginning – Your Future Depends On It Don’t Be Tricked Into Hiring A Lawyer Who Does Not Have Your Best Interests In Mind.