Legal Question in Criminal Law in District of Columbia
2Suspended Imposition of Sentence
Is there a difference in difficulty between having DC dismiss a felony firearms conviction pursuant to DC Code 33-541e and actually having the charge expunged as related to an arrest record? I only really care about the conviction dismissal. The conviction had extenuating circumstances (duress, incompetent counsel, ect). Can I argue guilt to a lesser charge that more properly fits the incident; This time I could tell about events without worry of incrimination. Feedback and P.O.C. for someone with DC firearms experience please.
2 Answers from Attorneys
Re: 2Suspended Imposition of Sentence
I don't have anough info; was this a guilty plea following negotiations with the prosecution or was the case tried to a verdict. In either case, has it been more than 90 days? Was an appeal noted? waived? You have a pretty tough challege. Any substantial modification, and you'll agree, weeking dismissal is about as substantial as you can get, will elicit a strong objection from the Government. THe government believes "Guns, Gangs and Drugs" are the three main elements of street crime and as a matter of policy, it has a zero tolerance approach. If you feel you had ineffective assistance of counsel you need to raise that a "post conviction" matter first with the trial judge and then on appeal. But here I am just taking a stab in dark. Good luck.
Re: 2Suspended Imposition of Sentence
S33-541(e)applies to the dismissal of cases and possible expungement of records related to or involving the illegal possession of controlled substances(drugs).
This particular section of the DC Code has nothing to do with the dismissal of cases or expungement of records involving felony firearms violations.
And yes,there is a substantive difference between
the dismissal of a case and the virtual expungement of the record as the latter also
may include the record of the arrest.