Weapons Charges Dismissed Against Former Police Officer
Mr. Provini was hired by a police officer who had resigned while being prosecuted in Monterey County for battery arising from allegations that he had used excessive force when making an arrest. During the trial in Monterey County (the jury ultimately acquitted him), Los Gatos police executed a search warrant and seized police equipment, police files, and numerous alleged assault weapons and illegal ammunition. After a two week Preliminary Examination, Mr. Provini argued that the alleged assault weapons were legal weapons based on the version of the Roberti-Roos Assault Weapons law then in effect. After presentation of testimony from a former ATF agent and legal briefing, the magistrate agreed, and all assault weapons counts were dismissed. The Santa Clara County District Attorney refiled the assault weapons charges after preliminary examination. Mr. Provini filed and won a Penal Code Section 995 motion which resulted in all assault weapons charges being set aside. The case was then settled for several non-moral turpitude misdemeanor counts, along with one wobbler non-moral turpitude felony count involving possession of police files. This count was subsequently reduced to a misdemeanor, and dismissed.