Practice Area:Criminal Defense
Outcome:Continuance without a finding (CWOF), followed by dismissal upon successful completion of probation
Description:My client was accused of multiple failures to follow firearms safekeeping requirements, with potential incarceration originally totalling over seventy years in prison. The firearms involved had been seized by the police while serving a temporary restraining order brought by a family member (the restraining order was later dismissed as groundless, and there was much prior bad blood between the family members). After investigation, and based on the fact that the police had no warrant, nor any valid exception to the warrant requirement for a search of my client's residence, I determined that a motion to suppress the evidence against my client was in order, though not necessarily a sure winner. The assistant district attorney assigned to the case had refused to plea bargain, but over the assistant district attorney's objection, based on presenting the shakiness of the Commonwealth's case to the judge, I was able to arrange a reasonable period of pretrial probation followed by a dismissal of all charges upon successful completion of probation.