TRENTON — A Salem man who has no use of his arms due to a spinal condition has remained jailed on a gun possession charge in Mercer County for four months despite pleas from his attorney that he should be released without bail.

“It shocks the conscience," Caroline Turner, the attorney for Marcus Hubbard, 28, said Tuesday during a bail hearing. "How could he be held for four months on a gun charge? He cannot move his arms. They are useless to him."

Hubbard, who wore a back brace and struggled to stand during the hearing, suffered spinal injuries in a car accident and may also be suffering from ALS, also known as Lou Gehrig's Disease, Turner said.

Superior Court Judge Timothy Lydon agreed to reduce the bail from $100,000 to $35,000. Turner vowed to appeal.

Hubbard has been hospitalized in protective custody since his arrest in August.

Hubbard was in a car with three other Salem County men that was pulled over for running a red light in Trenton, authorities said. Police saw a handgun in a seatback pocket and everyone was ordered out of the car, authorities said.

Police seized a 9mm handgun, which was found to have been stolen out of Anchorage, Alaska, and a prescription bottle of codeine. None of the four men admitted to having the gun or codeine, and as a result, all four men were charged under "constructive possession laws."

“The police reports do seem to confirm this defendant has no use of his hands but I would disagree that that doesn’t mean necessarily that he can’t be guilty of a crime,” said Assistant Prosecutor William Fisher.

Hubbard has prior convictions in Salem County for drug possession, child endangerment and obstruction, according to Department of Corrections records. He served two state prison sentences and was last released in June, about six weeks prior to his arrest in Trenton.

Turner said the other men in the car told police it didn’t belong to Hubbard and that he shouldn’t be charged. She also said Hubbard was seated elsewhere in the car.

Turner said she believes prosecutors are misstating constructive possession laws. The law allow charges for someone who does not have to actually possess an item, but is able to and has the intention to exert control over it either directly or through other persons.

James McEvoy may be reached at jmcevoy@njtimes.com. Follow him on Twitter @byJamesMcEvoy. Find The Times of Trenton on Facebook.