Articles Posted in Firearms

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This past Tuesday Boston Police responded to a report of an Armed Robbery in the Allston section of Boston. When they arrived Darryl Barboza left the scene riding a bicycle. He got off of the bike and went to the rear of a home at which time he took out the Firearm and brandished it towards an officer. Barboza then discarded the gun. Police located a twenty five caliber handgun in the area. The weapon was fully loaded. Barboza, who is twenty eight years old has been charged with Unlawful Possession of Ammunition, Assault by Means of a Dangerous Weapon and Carrying a Firearm. Barboza is also being charged with being an Armed Career Criminal.

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Armed Career Criminal and Gun Possession Charges Filed Against Boston Man

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Massachusetts Armed Career Criminal Defense Lawyer

If the statute under which Barboza is being prosecuted is Massachusetts General Laws Chapter 269 Section 10G(b) he is looking at a minimum mandatory ten year state prison sentence. This is due to the fact that he has two prior gun convictions, one in 2002 and the other in 2004. There may be a problem for the prosecution however in that the predicate prior convictions must be for “violent crimes”. In Massachusetts Possession of or Carrying a Firearm does not automatically satisfy this element. There must be some use of the weapon or conduct that presents a serious risk of physical injury that accompanied the prior conviction to satisfy this aspect of the statute.

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Brockton, Massachusetts police officers were on routine patrol Monday evening when they observed a group near a certain car. The police approached the group and the car pulled away. Officers noticed that the car did not have a valid inspection sticker. They pulled the car over. They also saw someone in the car making movements they believed to be suspicious. The car was searched. The officers found one hundred seventy grams of marijuana and a .380 caliber handgun. The driver, Vanden Keith and his occupants, Olivio Correia and Timothy Correia were arrested. Both Keith and Olivio Correia were charged with Conspiracy, a School Zone Violation and Possession With Intent to Distribute a Class D Substance, Marijuana. Timothy Correia faces the same charges as well as a complaint for Carrying a Firearm. The cases are pending in the Brockton District Court.

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http://www.enterprisenews.com/news/cops_and_courts/x1169807821/Brockton-police-gang-unit-arrests-three-for-drugs-handgun

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Brockton Drug Defense Lawyer

Massachusetts General Laws Chapter 94C Section 40 codifies the crime of conspiracy in Massachusetts. The law states that anyone who conspires to violate the controlled substances laws in Massachusetts shall be punished. The maximum penalty for conspiracy is the same as the maximum sentence authorized for the offense that underlies the conspiracy charge. There is no minimum mandatory sentence for a conspiracy conviction. The standard for proving a conspiracy his high. Massachusetts Courts have held that even where police officers, who had been observing the occupants of an automobile drinking and smoking for twenty minutes, and saw the driver, who appeared to be very high on something take a bag later found to contain a controlled substance from the front seat and stash it under the seat lacked sufficiency to support a finding that a rear-seat passenger had conspired to violate the Controlled Substances Act. Facts like these might be applicable to the Keith and the Correias.

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Cesar Maldonado was at the 8th Street Tavern in Haverhill, Massachsuetts having some drinks. The bartender decided to stop serving him. She then went outside the bar for a break. Maldonado followed her. He entered his van, withdrew a .45, returned and pointed it at her. She ducked. Maldonado left in his vehicle. Someone got a plate number. Later that evening Maldonado was apprehended nearby. Police located the firearm which was determined to be stolen. Maldonado has been charged with Receiving Stolen Property Over $250, Possession of Ammunition, Carrying a Firearm and Assault With a Dangerous Weapon. The case in pending in the Haverhill District Court.

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http://www.eagletribune.com/local/x2009599235/Haverhill-man-arrested-after-pointing-gun-at-bartender

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Massachusetts Gun Charge Defense Lawyer

If the prosecution can link Maldonado to the gun he is going to serve a minimum mandatory eighteen month house of correction sentence. The district attorney can make the connection by getting Maldonado’s prints off of the gun or by having one of the witnesses identify the weapon. Maldonado’s proximity to the firearm at the time it was found also factors into the carrying charge. The police do not have to actually find you holding a weapon to get a conviction on these charges. However, if there is no identification of the weapon and it was found at a remote location then this charge can possibly be defended with some success. Search and Seizure issues might be implicated depending on what the police did when they entered the home where the defendant was arrested. The constitutionality of their search will depend not only on their actions but the sequence of events.

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David Casey of Peabody is being held on one thousand five hundred dollars bail out of the Lynn District Court. He is charged with Assault and Battery by Means of a Dangerous Weapon and Malicious Destruction of Property. It is alleged that on Wednesday night police from Saugus were called for a report of shots being fired. They arrived to find a man with blood on his hands and his face. They then learned that Casey had driven by a Saugus home and shot at three people on a porch. One of the people was shot in the leg. The victim then chased and caught Casey. The two fought. Casey struck the victim with the gun in the head. The victim then hit Casey in the face several times. Casey was apprehended. No one needed medical treatment.

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Gun, Assault Charges for Peabody Man Who Shot at Saugus Man

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Saugus, Peabody, Lynn Firearms Defense Lawyers

Cases like this are usually prosecuted in the district court. The Assault and Battery by Means of a Dangerous Weapon charge carries a possible ten year state prison sentence. The weapon charge carries a possible five year state prison sentence. Both are felonies. Both can be prosecuted however in the district court where the maximum sentence is two and one half years in the house of correction. These are serious charges. Most people do not know that even though the weapon used here is a BB gun there is still a mandatory minimum eighteen month house of correction sentence that Casey must serve if he is convicted of this crime. This is why he needs an Experienced Massachusetts Criminal Lawyer to defend him.

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Kareem Taylor of Framingham, Massachusetts was charged in the Middlesex County Superior Court in Woburn with Carrying a Firearm, Possession of Ammunition and Possession of a Firearm. This follows a September 2009 arrest. According to reports, police received some 911 calls concerning a man brandishing a firearm. The police arrived and learned that Taylor and the alleged victim had just left the scene. An officer saw Taylor and another in an adjoining parking garage. The officer told them to stop and Taylor ran. He was found hiding in the woods near a reservoir across the street. Police dogs sniffed out a firearm near the spot of Taylor’s arrest. There is no mention of the other man. Taylor was able to post ten thousand dollars bail in the district court.

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http://www.metrowestdailynews.com/news/police_and_fire/x23930857/Framingham-man-pleads-not-guilty-to-gun-charges

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Based on this article the strength of the district attorney’s case will rest on a few pieces of evidence. The eyewitness testimony will be critical. Can this person or people identify Taylor as the person who held the gun. What forensic evidence links Taylor to the gun. Is there DNA or fingerprint evidence on the weapon. What did the other individual who was spotted with Taylor see or what information does he have relative to the crime. Taylor’s Massachusetts Firearms Possession Defense Lawyer will be looking for these answers and anything else that will cast doubt on the prosecution’s case. There appears to be much material from which Taylor can mount a defense.

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Massachusetts police arrested Cynthia Lorenz of Minnesota Sunday and charged her with Carrying a Firearm, Improper Storage of a Firearm and Possession With the Intent to Distribute Marijuana. According to the Salem News, Lorenz was at the Extended Stay America Hotel in Danvers, Massachusetts. On Sunday morning her fourteen year old son called 911, complaining about his mother’s behavior and indicating that she had a gun. Responding officers apprehended Lorenz and searched her hotel room. They found a loaded .25 caliber handgun and two ounces of marijuana and a significant amount of cash, over five thousand dollars. The police then obtained a search warrant. During the execution of the search warrant officers located about thirty two thousand dollars of gold coins. Bail was set in the amount of two hundred thousand dollars. The case is pending in the Salem, Massachusetts District Court. It is likely that the case will remain in that court.

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http://www.salemnews.com/local/x1703942868/Police-find-drugs-guns-and-gold-in-moms-motel-room

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Salem, Massachusetts Firearms Violations Defense Lawyer
Often times people from other states carry or possess firearms in Massachusetts believing in good faith that they are not breaking the law. This most often occurs when the person has the legal right to own, possess or carry a firearm in his or her state and they are traveling to or through Massachusetts. The problem with this is that the Massachusetts gun laws apply to anyone Carrying a Firearm in Massachusetts. If not properly represented the defendant faces a mandatory minimum eighteen months in jail. In cases like this our office typically takes a couple of approaches to defending the accused. One is to fight the case. By this I mean file Motions to Suppress, Motions to Dismiss or even try the case to a judge or a jury. Another way is to try to get the prosecution to appreciate that the accused had no intention to violate the Massachusetts Gun Laws but rather was acting in accordance with what he or she believed was lawful conduct. Many times the district attorney will recognize the mistake and afford the defendant the opportunity to resolve the case in a way that will not require jail time or not even leave him or her with a criminal record.

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Jonathan Wood of Groveland, Massachusetts is facing charges in Haverhill of Distribution of Marijuana, Possession With the Intent to Distribute Heroin and another charge. According to reports in the Lawrence Eagle Tribune police had engaged in several undercover buys of drugs during the last month. They had apparently been tipped off by neighbors who complained about suspicious activity involving Wood and the home. Last Friday police obtained a warrant to search Wood’s home. They found several marijuana plants growing in the home as well as some lamps and timers. Wood was found in bed at the time of the search. His roomate, Tor Larson is also being charged with Cultivating Marijuana. Reports that Woods’ home would contain a firearm proved false.

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http://www.eagletribune.com/haverhill/x1358977018/Police-Man-grew-pot-in-home

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Haverhill Heroin and Marijuana Charge Defense Lawyer
Both Wood and Larson have some problems right. The charges against them are serious. Wood at a minimum has to defend against felony charges. If neither of these men have criminal records an Experienced Massachusetts Criminal Defense Lawyer might succeed in getting the case resolved in a way where they still have no record. One way of doing this is to get the judge or district attorney to agree to continuing the case without a finding. Lucky for both of these individuals the home was not within one thousand feet of a school zone. Had it been they might be looking at a minimum mandatory two year sentence.

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In early May of this year police in Southeastern Massachusetts seized about one half million dollars in drugs, cars and money that they attribute to a Drug Distribution ring in that part of the state. According to the Brockton Enterprise police learned that Christopher Witt of Middleboro was Selling Marijuana and other drugs from his home. Controlled purchases of drugs were made with the use of informants however the “buy money” was never recovered. Witt then provided information to authorities that Jesse Texeira was his supplier. Police ultimately raided Texeira’s home and found about ten thousand dollars worth of cocaine and marijuana. Ten thousand Oxycodone pills were also seized during this investigation along with Crack Cocaine and over one hundred thousand dollars cash. Also arrested were Akili Miranda and Christiano Texeira. Miranda has been charged with Trafficking Class A and Conspiracy. Both Texeiras face the same charges as does John Washington. Witt has been charged with Possession With Intent to Distribute Class D, a School Zone Violation, Possession of a Firearm and Possession With Intent to Distribute Class C.

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http://www.enterprisenews.com/news/cops_and_courts/x1218689651/Informants-helped-police-bust-alleged-pot-oxycodone-dealers-in-Middleboro-Bridgewater

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The article provides no detail as to how Christiano Texeira, Miranda and Washington have criminal involvement in this case. Perhaps they were present during when the controlled buys occurred. Maybe they were present when the search warrants were executed. There presence alone however does not ensure a conviction. Massachusetts law makes clear that being present at the scene of a crime with nothing more does not rise to the level of criminal activity. There must be something showing an affirmative involvement in the crime for the case to survive. As to Jesse Texeira the district attorney’s case will likely rest on the strength of the search warrant. A Good Massachusetts Criminal Defense Attorney will try to find ways to attack the constitutionality of the search in hopes of getting the search suppressed. No matter what the allegations there are always defenses to criminal charges.

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According to a Middlesex County District Attorney press release Michael Harrington has been indicted by a Middlesex County Grand Jury for Larceny Over $250, Larceny of Firearms and Receiving Stolen Property. Harrington, the Westford, Massachusetts Animal Control Officer was arrested on these charges last week. He became a suspect shortly after Westford School Department Maintenance personnel believed that tools, guns and expensive equipment had been disappearing from the office. In April authorities repositioned surveillance and confirmed that Harrington had taken some equipment valued in excess of $250. Upon questioning Harrington stated that the guns, eleven of which were missing were in his office stored properly. A search of his office disclosed otherwise. On April 9, 2010 police arrested Alberto Ramos of Lowell for Carrying a Firearm. It turns out that this gun was one of the missing guns. Harrington is being held on five thousand dollars cash bail. This case will be prosecuted in the Middlesex County Superior Court in Woburn.

Read Press Release:

http://www.middlesexda.com/press-release-archive/animal-control-officer-indicted-for-larceny-of-guns-and-equipment-arraigned-in-ayer-district-court-on-gun-charges/

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Massachusetts Gun Possession Lawyer

Middlesex County Larceny Defense Lawyer

Both the Larceny and Receiving Stolen Property cases are felonies in Massachusetts the way they are being charged. In an of themselves these cases are serious but the suggestion that Harrington was selling or somehow distributing the firearms gives Harrington additional problems. Often times in cases like this one plea bargaining is the best if not only way to avoid a significant amount of jail time. Understandably, the district attorney will want to know where the other ten guns are. Harrington might be able to lessen the sentence he faces by cooperating and providing law enforcement with the information to retrieve these weapons. Regardless, he needs to Hire an Experienced Massachusetts Criminal Defense Lawyer.

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On April 29, 2010 the manager of a local storage company contacted the Framingham Police to report an incident. He stated that around 6:30 p.m. an employee heard his wife tell someone that they could not urinate on the outside of the business property. The offender then turned towards the woman, penis in hand. She complained. He responded that if she was offended then to stop looking. A male employee then attempted to confront the man who by that time was sitting in his SUV. The driver of the SUV, a police officer pointed a gun at him and stated “move it or get shot; you are interfering with the police”. The officers being accused are Scott Brown and Lenny Pini. Apparently the storage facility manager provided police with security videos.

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http://www.metrowestdailynews.com/news/police_and_fire/x88774638/Framingham-cop-accused-of-gun-threat

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Assault by Means of a Dangerous Weapon Lawyer Massachusetts

Massachusetts General Laws Chapter 265 Section 15B states that anyone who assaults someone with a dangerous weapon is guilty of a felony and faces up to five years in state prison. To proved someone guilty of this offense the district attorney must prove that the accused used “an outward demonstration of force” and that he or she had the “apparent ability to injure” the victim. Certainly brandishing a gun alone would satisfy the elements of the offense. That, coupled with a verbal threat makes the prosecutor’s case even easier to prove. The surveillance videotape provides an interesting twist to this case. If the video is clear and corroborates the witnesses’ account of the crime the officers are in trouble. If however it is not so clear and tends to show exaggeration on the part of the manager this case becomes more defensible.

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