Felony Criminal Possession of a Weapon Charges Dismissed on Eve of Jury Selection
February 7, 2015
Based on extensive legal research, all Felony charges contained in the Indictment against Addabbo and Greenberg’s client were dismissed immediately before Jury Selection. The issue involved an evidentiary principle known as a “Presumption of Possession” wherein a Defendant is presumed to have possessed a weapon with “intent to use”. The presumption allows a District Attorney to go forward with the case based on that presumption of intent. The weapon in question was a “razor blade”. Extensive research that reached into the legislative intent of the statute clearly established that the one weapon not included in that evidentiary presumption was a “razor”. Upon presenting the Law to the District Attorney, the Prosecutor had no choice but to dismiss all Felony charges even though the Prosecutor was demanding State jail time! Once again, with diligence and complete knowledge of the Law, Addabbo and Greenberg Criminal Attorney had an extremely successful result for our client. If you need our help, please call (718)268-0400.