My client was charged with Improper Exhibition of a Firearm. We demanded speedy trial in this case and the charge was dismissed by the court at trial. My client was accused of waving a fireman at an elderly lady arising out of an alleged road rage incident. This incident was allegedly witnessed by an off-duty deputy with the Polk County Sheriff’s Office. The deputy called 911 and the police arrived to search a house and allegedly seized a gun. My client NEVER exhibited a firearm at anyone! So we took the case to trial and Judge Fegers granted my motion for Judgment of Acquittal (J.O.A.) at the close of the prosecutor’s case.
A motion for Judgment of Acquittal is a request for the judge to dismiss the charges because the prosecutor failed to put forth sufficient evidence to prove a prima facie case. That means the prosecutor has to put on evidence of each element of the alleged crime. In an Improper Exhibition of Firearm case the elements are:
- The accused carried a gun,
- The defendant exhibited the gun in a rude, careless, angry, or threatening manner, and
- did so in the presence of one or more persons.
These are very difficult motions to win because when looking at the evidence the court must make all inferences in favor of the prosecutor. They are terrific wins because if you can get the criminal court to grant the Motion for J.O.A., the charge is dismissed and the jury does not even deliberate. In this case the Motion for J.O.A. was granted, my client was acquitted, the charge was dismissed, and we went home early because the jury was dismissed without the need to deliberate the case and reach a verdict.
If you are charged with Improper Exhibition or any gun or Firearm charge in Polk County, call Thomas C. Grajek and experienced trial attorney today.
DON’T HESITATE!!! CALL NOW!!!
Thomas C. Grajek 863-789-6404 cell
Case 2012-MM-014408-BA tried and dismissed May 14, 2013