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Mr. Corletta obtains favorable Misdemeanor Disposition for college student with Weapons Charge.

Mr. Corletta assisted a young client caught in a career threatening predicament in People v. R.D. (Mon. Co., 4/20).

          In that case, Mr. Corletta’s client was a recently college graduate intending to pursue a Masters Degree and professional career. Misguided by a family member, the client was given a handgun for “protection”. The handgun was new, not even removed from its packaging, and was not loaded, although a separate box of ammunition was provided, which was kept with the weapon. 

          The client intended to apply for a Pistol Permit, but did not get around to it. Stopped for a traffic violation, the client's vehicle was searched, and the weapon and ammunition found, subjecting the client to a Felony Weapons Possession charge, with a potentially mandatory State Prison sentence.

          Aside from the search and seizure issues, there were equitable issues in terms of the client's relative immaturity, young age, promising career, and lack of any prior criminal history.

          Mr. Corletta proposed an Interim Probation disposition to the District Attorney, citing these factors, and also pointing to the questionable search. The Interim Probation disposition would result in a non-violent misdemeanor conviction if the client fulfilled certain conditions.

          This proposal was rejected by a “Board” at the District Attorney’s office. A standard Felony plea offer was made, which Mr. Corletta rejected. Contacted by the Court for a Conference, Mr. Corletta again succinctly laid out the facts, this time to the Judge. The Court, sympathetic to Mr. Corletta’s client, requested further information. Mr. Corletta provided not only his prior proposal to the District Attorney, but additional background information regarding his client.

          The Court, acting on this information was able to convince the District Attorney to accept Mr. Corletta’s original offer as crafted, resulting in a misdemeanor disposition for the client, together with a Certificate of Relief for Disabilities. This will preserve the young client's ability to work in many careers and professions. The client and his entire family were grateful for this opportunity.

          Mr. Corletta, unlike many defense attorneys, did not demand the “moon”, but currently gauged what a reasonable offer would be under the circumstances, which any experienced attorney will tell you, affects plea bargaining policy. In this case, Mr. Corletta hit it right on the proverbial “nose”, as he was even able to get the Judge to advocate for his client’s position, putting pressure on the District Attorney, who was acting in an inflexible manner by refusing to tailor “policy” to the facts of individual cases, which is a persistent problem that many criminal defense attorneys face.

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