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Rhode Island Bar Journal Article

A Refreshingly Rational Disposition

Posted by Keith G. Langer | Sep 28, 2021 | 0 Comments


I frequently opine about the excessive delays in, and over-prosecution of simple cases in this state, particularly any which involve firearms. Yesterday's hearing was a refreshing change.

The charge was negligent storage of a firearm; specifically, one which had been secured with a trigger lock in a case, but which was left in a vehicle overnight. The car was broken into and the gun stolen. It was recovered a couple of days later.

My client has no record, has been a coach for a youth sport for a decade, and works in an industry where a clean record is required. A conviction would end that; even a CWOF, which requires an Admission of Sufficient Facts, would have negative consequences.

I sought pre-trial probation. The ADA in charge of the case requested a Statement of Mitigating Circumstances, which I promptly provided. Based on that, the ADA suggested, and we accepted, Filed Without Change of Plea (Not Guilty) for one year, then dismissal. The court reviewed my statement and accepted the Tender of Plea on those terms.

NO court costs and fees, no probation fees, no probation, period. No further drain on a working man's income, and no threat to his coaching or employment. The client is quite happy and relieved.

An eminently rational, efficient, and just disposition of a “gun case.”

About the Author

Keith G. Langer

Keith G. Langer, Attorney at Law SERVING NORFOLK COUNTY, MA, AND SURROUNDING AREAS Solo practitioner concentrating in civil litigation, collections, family law and administrative law, particularly firearms licensing.Professional Qualifications: One of the longest-serving member of the Firear...

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Your Time May Be Limited!

If you are a defendant in a civil suit, you have a specific period of time in which to file an answer. Failure to do so can result in a default judgment being issued against you. Failure to timely submit responses to discovery requests can also negatively affect your case. Those named as defendants in criminal cases via clerk magistrate or “show cause” hearings must appear, or the complaint will issue against them. Those seeking to appeal a negative action, such as a firearms license denial or revocation, denial of a permit, or losing a case at trial, all have specific time periods in which to act. Do not lose your rights by inertia or delay.

Act Now!

The law is an area in which inertia can have very negative consequences: The loss of rights and remedies. It is unlikely that your problem will just “go away” - act now to protect yourself and preserve your options.