Mahmoud Rabah obtained an amazing victory for his client in Queens County Supreme Court. Mr. Rabah’s client was charged with multiple felony charges including Criminal Possession of a Weapon in the Second Degree, a class C felony and Criminal Possession of a Weapon in the Third Degree, a class D felony. Criminal Possession of a Weapon in New York State is considered a violent felony charge and carries a maximum term of imprisonment of 15 years. According to police, Mr. Rabah’s client was driving in Jamaica, Queens when he made a left-hand turn without signaling. Upon stopping the car, the defendant presented an expired ID that did not belong to him. He was removed from the vehicle and arrested. According to police, the defendant assumed the identity of the person whose name appeared on the expired ID. During an inventory search of the car, police discovered a loaded firearm in the glove compartment.
The People presented both the arresting officer and his partner as witnesses. The People also presented evidence that the vehicle belonged to a family member of the defendant. They even called a female passenger whose charges were dropped by the Grand Jury to testify against the defendant. This evidence was meant to prove circumstantially that the defendant had knowing possession of the firearm.
Mr. Rabah went on the offensive and attacked the evidence systematically. He deconstructed all of the People’s points and exposed the serious doubts of guilt that existed in the case. In fact, this case was an example of where a good summation or closing argument can make all the difference. In Mr. Rabah’s closing argument to the jury, he deliberately and methodically identified the reasonable doubts and explained how a gun in a car does not automatically mean the person driving the car knows about it.
The jury returned a verdict in a matter of hours: Not Guilty on all felony charges! The verdict spared Mr. Rabah’s client years of jail time and a felony conviction.