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What are you doing to address the problem of illegal guns in our county?
Illegal guns play a major role in many of the
violent crimes that occur in Brooklyn each year.
Prior to November 2006, a legal loophole permitted
judges to sentence defendants convicted of carrying
a loaded weapon on the streets of our neighborhoods
to less than one year in jail, provided that they
did not have a prior felony conviction. As a
result, it was not uncommon for these defendants to
be sentenced to less than a year in jail or even
straight probation. To address this problem, I
worked with the Mayor’s Office and the Office of
Court Administration to create a specialized Gun
Court for defendants charged with illegal gun
possession. I wanted to send a message that illegal
gun possession will be taken very seriously by my
office. The
ultimate aim of the Gun Court is to decrease gun
violence. By designating a special court part for
these cases, we are able to foster expertise among
judges and lawyers, reduce delays, and facilitate
consistent decision-making. As a result, the
quality of sentencing has improved, with more
defendants receiving a year or more in prison,
instead of the probation frequently offered in the
past. Cases in the Gun Court are handled
expeditiously, and this strong, trial-ready posture
has made it easier to obtain top-count pleas. Our
plea policy in the Gun Court is extremely
stringent. Defendants with no prior record must
plead guilty to a minimum charge of Criminal
Possession of a Weapon in the Third Degree (a class
C felony) and receive a one-year jail sentence, with
rare exceptions. Defendants with a prior felony
conviction must plead to the top count of the
indictment, resulting in significant upstate prison
terms. As
District Attorney, I am determined to keep guns out
of the hands of those who should not have them. I
believe a strict policy with respect to the
consequences that will follow if a defendant is
found to be in possession of an illegal gun serves
as a strong deterrent. I am grateful for your
letter, since it provides me with one more
opportunity to stress that if you are arrested
with an illegal gun in Brooklyn, you will go to
jail.
For
additional information visit
www.brooklynda.org. To have your questions
answered in a future column, |
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