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THE LISTING OF SPECIFIC OR CUMULATIVE CASE RESULTS IN THIS WEBPAGE IS PROVIDED FOR YOUR REVIEW. YOU NEED TO BE AWARE THAT ACTUAL CASE RESULTS DEPEND UPON A VARIETY OF FACTORS THAT ARE UNIQUE TO EACH CASE. THE CASE RESULTS PROVIDED DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY CASE UNDERTAKEN BY THIS LAW FIRM.
Retired Civil Service Employee, Charged with Felony Offense for a False Statement on Criminal History and Misdemeanor for Possession of Gun- CHARGES DISMISSED
A recently-retired civil service employee and former Navy sailor, with over thirty-five years of government service, retained our firm after being charged with two offenses in Virginia Beach. In attempting to purchase a handgun at a gun show, our client answered "no" to a question on the firearm consent form in response to a question of whether he had been involuntarily committed in the past. Even though our client merely forgot that he had been admitted for alcohol abuse for a brief period several years prior after a DUI, he was charged with the felony offense of making a false statement on a criminal history consent form, and the misdemeanor offense of gun possession by a person involuntarily committed. A conviction on the felony charge would have resulted in him being a convicted felon, as well as up to 10 years in prison, and the misdemeanor carried a possible jail term of up to 12 months. The prosecutor refused to offer any type of plea to only a misdemeanor, and our client likewise steadfastly insisted that he did not want any conviction on his record. Prior to the preliminary hearing, we pointed out to the prosecutor that our client never actually possessed the weapon, so he was improperly charged with the misdemeanor; and the prosecutor agreed and dismissed the misdemeanor, leaving only the felony offense. At the trial date in circuit court, we entered a no contest plea, and stipulated that the evidence was sufficient to convict our client of the felony offense. We requested that the judge not find him guilty at that point, but take the matter under advisement until the sentencing date several months later. Additionally, we presented a brief to the court laying out the legal authority for our request and our position to the Court. The judge granted the request and took the matter under advisement until the pre-sentence report was completed. At the sentencing date, we presented evidence and argument to the Court relating to our client's good character and impeccable history of service to the country, his health problems, and the unique factual scenario of the case. Upon our request, the judge granted our client a DEFERRED FINDING on the felony charge, whereby the felony charge will be DISMISSED one year from the sentencing date if our client complies with certain conditions.
Retired Navy E6 Facing Felony Weapons Offense - CHARGES DISMISSED
A retired Navy E6 retained the law firm of McCormack & McCormack when he was arrested coming back in the country on two felony charges alleging that he was a convicted felon and attempted to purchase a firearm in Norfolk. Immediately upon meeting with our client, we became concerned with the basis of the allegations as our client was in the intelligence field throughout his service and maintained an active clearance even upon retirement. The supposed felony offense which formed the basis of the charges was purported to have occurred prior to his enlistment, which further concerned us. Once our client was released on bond, we addressed our concerns with the prosecutor. After extensive investigation into the prior allegations, the prosecutor agreed to DISMISS all charges prior to trial.