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A Refreshingly Rational Disposition

Keith G. Langer Sept. 28, 2021

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.”