Massachusetts Criminal Defense Attorney Gets Gun Case Dismissed:
Client was arrested while sitting in his parked vehicle in Fall River, Massachusetts and charged with carrying a firearm without a license; possession of a large capacity firearm; and possession of ammunition without and FID card. If convicted, client faced a mandatory minimum of 18 months in jail, despite having no criminal record. Chapter 269, Section 10 of the M.G.L. states in pertinent part that possession of a firearm without a license…
“shall be punished by imprisonment in the state prison for not less than two and one-half years nor more than five years, or for not less than 18 months nor more than two and one-half years in a jail or house of correction. The sentence imposed on such person shall not be reduced to less than 18 months, nor suspended, nor shall any person convicted under this subsection be eligible for probation, parole, work release, or furlough or receive any deduction from his sentence for good conduct until he shall have served 18 months of such sentence…”
At Arraignment, the Commonwealth attempted to hold client without bail by moving for a Dangerousness Hearing. After hearing, Attorney Kilroy was able to convince the Court that client did not pose a danger the community and that there were conditions of release that could ensure the safety of the community. Client was released without having to post any bail.
Knowing that client was facing a mandatory jail sentence, Attorney Kilroy subsequently challenged the investigation of the Massachusetts State Police by filing a Motion to Suppress Evidence. This motion challenged the constitutionality of the motor vehicle stop, search and seizure of client’s firearm. Attorney Kilroy argued in his motion that the State Police lacked the requisite probable cause to search client’s car without a warrant and thereby violated the rights of his client.
On the morning the evidentiary motion to suppress was to take place, the Commonwealth conceded to the Court that it was in agreement with Attorney Kilroy’s motion. The case against client was dismissed.
HAVE YOU BEEN ARRESTED IN MASSACHUSETTS OR RHODE ISLAND FOR A GUN OFFENSE?
If you or a loved-one have been charged with a firearm offense, contact immediately for strong representation. We offer free consultations and practice in both the Rhode Island and Massachusetts state and federal courts. Contact us today at: 401-855-9023.