Articles Posted in Firearms

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Brandon Payne of Lynn, Massachusetts was arrested last week and charged with the Attempted Murder of Elder Palma. He joins co-defendants Earl Damico and Darkens Bonnett, also charged in connection with last week’s shooting. Payne is also facing charges of Possession of a Firearm, Possession of Ammunition, Breaking and Entering in the Nightime, Receiving Stolen Property Valued in Excess of $250 and Possessing a Firearm in During the Commission of a Felony. The case is currently pending in the Lynn District Court but it is expected that this case will be prosecuted in Salem in the Essex County Superior Court. It is expected that Payne will be held without bail as is the case with Damico and Bonnett.

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Essex County Massachusetts Firearms, Violent Crimes Lawyer

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Boston, Massachusetts Felony Defense Lawyer

Massachusetts General Laws Chapter 265 Section 18B states that anyone who possesses a firearm during the commission of or attempted commission of a felony is guilty of an additional offense, requiring a mandatory minimum five year state prison sentence. If the weapon is a large capacity weapon there is a ten year minimum mandatory sentence. Judges are not permitted to suspend these sentences nor can they place the defendant on probation. This statute gives the district attorney a significant advantage during the plea bargaining process. In exchange for them dropping this charge they will at times offer a reduced sentence on a plea to the other charges. This provides them with great leverage early on.

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Jonathan Chenevert is from Evansville, Indiana. He has an Indiana Firearms License for two guns. He is in Massachusetts to work on a water tank in Essex County and he is staying in a local hotel. Just the other day, a member of the hotel housekeeping staff found one of the guns under his pillow. The other was found in a storage container in Chenevert’s room. Law enforcement was called. Now, Chenevert is facing Gun Possession Charges in the Salem District Court. The reason is that even though he is properly licensed in Indiana he did not have a firearms identification card, a requirement under Massachusetts law. In addition, it is alleged that he did not properly store the guns. Bail was set in the amount of one thousand dollars.

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http://www.salemnews.com/local/x1414106047/Man-charged-after-gun-found-in-his-hotel-room

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Cases like this one are unfortunate but not unique. The defendants, in this case Chenevert, always believe that they have the lawful right to possess a firearm. After all, they properly purchased the weapon. They properly registered the weapon. They are properly licensed to own and carry the weapon. Knowing that to be the case they handle the item as they expect they can, completely unaware of the potential consequences. They take the firearm out of state as they believe they can. Then they travel to Massachusetts and unbeknownst to them the rules change. Now they are committing a crime. With a good, Experienced Massachusetts Criminal Defense Attorney cases like this one can be dismissed even though the law required a mandatory eighteen month jail sentence. Hiring a Criminal Lawyer in Massachusetts can be the most critical decision of your life. Make sure the lawyer you retain has defended cases like this and that he or she focuses on defending the accused. Gun Possession is a felony and in these circumstances you should not have a conviction.

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A Lynn, Massachusetts police officer who was on Essex Street observed a car with five people traveling near him. He detected an odor of marijuana coming from the car. He followed the car and noticed that it did not have an inspection sticker. He pulled it over and questioned the driver, Toniea Coleman. Coleman was told that she was being stopped due to the odor of marijuana. All occupants were asked to get out of the car. Once they did they were searched. One of the passengers, Kerlin Aubourg had a large amount of cash in his possession. The rear passengers, Andre Sanders, Ali McMillan and Tyla Monteiro were taken from the car. Sanders was found to be in possession of marijuana. Monteiro was found in possession of marijuana. There were open containers of alcohol in the car. A loaded firearm was found in the trunk of the car. Seven grams of crack were found in the car as well. Authorities allege that Monteiro admitted that the gun belonged to him. He has been charged with Possession With Intent to Distribute Class B, School Zone Violation, Possession of Ammunition and Possession of a Firearm. Monteiro was also found in possession of additional crack cocaine. The others face the same charges. Aubourg is from Malden, the rest are from Lynn.

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Lynn, Massachusetts Drug Possession, Distribution, School Zone, Firearm Lawyer

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Search and Seizure Lawyers In Massachusetts

Since the new marijuana laws went into effect there has been a considerable amount of litigation centering on what now constitutes a lawful stop when police officers smell marijuana. Possession of one ounce or less of marijuana is no longer a crime in Massachusetts. It is a civil infraction punishable by a fine of one hundred dollars. Thus, the question now is what right do police officers have to stop a car simply because they smell marijuana. Police must have a reasonable suspicion to stop a car and question its occupants. The officers must have specific and articulable facts that the people committed a crime. Here, it is questionable as to whether or not an officer can truly smell burning marijuana in a traveling vehicle. Supporting that contention is the absence of any evidence showing that marijuana had in fact been smoked. Also in this case there were five people involved. The article does not make clear who the officer suspected of criminal activity. It is unlikely that this stop will survive constitutional scrutiny as to all defendants, particularly if all defendants Hire an Experienced Massachusetts Criminal Lawyer.

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Around 3:00 a.m. Monday Lynn, Massachusetts police responded to a call for an Assault. The victim reported that her child’s father, Anthony Gainey knocked on her door. When she answered he pushed the door open, entered the apartment and threw her into a wall. Once she fought back Gainey pulled out a firearm, put it to her head and threatened to kill her. She screamed and Gainey left the home. He entered a vehicle in which co-defendant Keron James Franklin was seated. Police located the car and arrested the occupants, Gainey and Franklin. Franklin was found in possession of a Knife, Crack Cocaine, Percocet pills and Marijuana. He is being charged with Distribution of Class D and Distribution of Class B. Gainey is being charged with Breaking and Entering With the Intent to Commit a Felony, Assault and Battery by Means of a Dangerous Weapon and Domestic Assault and Battery.

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http://www.thedailyitemoflynn.com/articles/2010/05/11/news/news14.txt

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Domestic Violence Defense Lawyers in Massachusetts
Cases charging defendants with acts of Domestic Violence in Massachusetts can be difficult for district attorneys to prove. Take for instance this case. Gainey and the complainant had a relationship that produced a child. Issues centering on children are often emotionally charged. People say and do things that they do not mean or are not true. It is unlikely that Gainey really had a gun. If he had the presence of mind to rid himself of the weapon after this dispute it would be due to his fear that the police were looking for him. It would logically follow that Franklin would then get rid of his drugs. Gainey’s might defend this case by suggesting the complainant is lying. Absent corroboration of her story this might be a viable defense. Franklin faces a different situation. His defense will center on the legality of the Search and Seizure. Absent reasonable suspicion the police had no legal reason to frisk him. Franklin was not in any way involved in the incident at the woman’s apartment. He was simply in a car, waiting for Gainey. Absent an articulable suspicion the pat frisk might be deemed illegal and Franklin’s case could be dismissed in its entirety.

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At 4:00 a.m. yesterday morning police responded to 27 Washington Street in Lawrence, Massachusetts for a call regarding commotion at that address. A patrolman knocked on the door waiting for someone to answer. While doing so he saw the defendant, Sandy Santos placing “something” underneath a seat cushion. The patrolman was then permitted to enter the home. When he did he looked under the cushion and saw a loaded .38 caliber handgun. Santos was arrested and charged with Carrying a Firearm, Unlawful Possession of Ammunition and Possession of a Loaded Firearm. The report states that the gun is being tested for fingerprints and DNA. The case is being prosecuted in the Lawrence District Court.

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http://www.eagletribune.com/punews/local_story_068001139.html

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Massachusetts Gun Case Defense Lawyer

The charge of Carrying a Firearm carries with it a mandatory minimum eighteen month house of correction sentence. However, the statute prohibiting that activity, Massachusetts General Laws Chapter 269 Section 10(a) exempts such conduct where the activity occurs at home or at work. Here, the article states that Santos was at home at the time of the incident. I am also curious as to why the gun would be tested for fingerprints. The article states that the officer saw Santos place the gun underneath the seat cushion. Why then would it be necessary to have it printed or tested for DNA evidence. It is also suspect that Santos would offer entry to the officer. There was no search warrant. There was no probable cause to arrest. The officer had no legal right to enter the property. Why then would Santos open the door and let him in? This case is full of issues that bode well for the defense.

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This past Sunday Sokhanara Chea of Lynn, Massachusetts was arrested in Lawrence after allegedly discharging a firearm into the air on Franklin Street. Shortly after midnight police officers patrolling that area heard four to five shots fired in the Common Street area. When they arrived at the scene they observed two men walking away from one another. One of the men opened a car door and placed something in it. Having just seen the police the individual then started to run. When he was apprehended he fought with the police. The firearm was located under the seat of the car. Five shell casings were located on the sidewalk nearby. Chea has been charged with Carrying a Firearm, Discharging a Firearm Within 500 feet of a Building and Leaving a Firearm Unattended. The case is currently being prosecuted in the Lawrence District Court.

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http://www.eagletribune.com/punews/local_story_055003908.html

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Lawrence Massachusetts Gun Cases

Carrying a Firearm in Massachusetts is a felony in Massachusetts proscribed by Massachusetts General Laws Chapter 269 Section 10. A conviction of this offense carries a mandatory minimum eighteen months in the house of correction. Discharging a Firearm Within 500 Feet of a Building carries no minimum mandatory sentence. To prove the carrying charge the district attorney must show that Chea had possession of the gun. This begs the question: Did he put the gun in the car? If he did and he was not licensed to carry the firearm he faces the mandatory minimum sentence. The article states that the police did not actually see him place the weapon in the car. Rather, his actions suggested that he was secreting the weapon in the car to avoid detection. This makes no sense. When the police arrived they saw two men walking in opposite directions seemingly trying to avoid the police. One of them, supposedly Chea, opened the car and put the gun in the car under the seat. This takes time and seems unlikely for someone who is trying to escape from a crime scene. A more natural reaction would be to run and throw the gun somewhere. Whose car was this? People in that neighborhood do not usually keep their cars unlocked. If it was Chea’s car why would he walk towards it and put the gun inside knowing the police were after him. As to the second charge, there is no indication that anyone actually saw him shoot the gun. This might be a defensible case.

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Yesterday morning at about 9:30 a local taxicab driver called 911 claiming that he had been robbed at gunpoint. The complainant stated that he picked Shayne Sullivan up at his home on 256 Market Street, drove him to an address on Pawtucket Boulevard and then back to 256 Market Street. Sullivan supposedly paid the driver then placed a gun against his head and stole from him some money. When police responded and located Sullivan they were told that he had made some threatening statements. Consequently the SWAT team was called to the scene. Sullivan was apprehended. He was charged with Armed Robbery on a person over sixty years old. The case is pending in the Lowell District Court.

Read Article: http://www.lowellsun.com/ci_14447660

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Lowell Criminal Defense Lawyer Robbery Cases

Armed Robbery is a felony that carries with it a possible life sentence. Many times robbery cases are reduced to Larceny so that the case can be prosecuted in the district court. This occurs when the district attorney believes that there can be a fair resolution of the case can be reached without having to send the defendant to state prison. The gravity of the defendant’s actions, the impact to the victim and mental health concerns are some factors that can prompt the prosecutor to reduce the charges. Here, the gun was not real, the victim was not physically injured and the defendants’ irrational actions (i.e. robbing someone in front of his own home) suggest the possibility that this case might not be indicted.

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Prosecutors in Lynn, Massachusetts allege that early Monday morning during a snowstorm a man was taping up a window of his car. Three men pulled up in another vehicle, approached him at gunpoint and forced him into their car. The victim was held for a brief period of time during which the assailants took from him a cell phone. The victim was then released and the defendants drove off. The police later caught up to the defendants and upon initial inquiry observed the firearms in their vehicle. The defendants, Jose A. Sanchez of Danbury, Connecticut, Josue Marrero of Framingham and Jose M. Sanchez of the Bronx have been charged with Armed Robbery, Kidnapping, and Possession of a Firearm. The case is now pending in the Lynn District Court but will likely be prosecuted in the Essex County Superior Court in Salem.

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Robbery, Kidnapping, Gun Possession Charges Issue Against 3 In Lynn

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Carrying and Possession of Firearms in Massachusetts

Massachusetts General Laws Chapter 269 Section 10(a) makes carrying a firearm in Massachusetts a felony. The law states that anyone who knowingly has in his possession; or knowingly has under his control in a vehicle; a firearm, loaded or unloaded 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. Eighteen months of this sentence must be served.

Armed Robbery in Massachusetts

Armed Robbery is a life felony proscribed by Massachusetts General Laws Chapter 265 Section 17. To be convicted of this crime the prosecution must show that the defendant was armed and that he stole the property of another person. In this case it is alleged that the defendants used guns to rob the victim of his cell phone which, if proved beyond a reasonable doubt would satisfy the elements of the crime. If convicted a judge could sentence the defendants to life is state prison.

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Authorities allege that Marcelo Perez of Lawrence, Massachusetts was carrying a loaded .38 caliber firearm at the same time he made a delivery of over twenty eight grams of cocaine. Apparently an investigation was focused on a Dunkin Donuts parking lot on Main Street in Haverhill. It is unclear as to how the police knew or suspected Perez to be involved in drug dealing or what reason they had for apprehending him. He is being charged in the Haverhill District Court with Trafficking Cocaine Over 28 Grams, Possession of a Firearm, Possession of Ammunition and Possession of a Dangerous Weapon. This case will ultimately be prosecuted in the Essex County Superior Court in Salem. The street value of the cocaine is estimated at over six thousand dollars.

Read Article: Drug and Gun Charges for Lawrence Man Caught Trafficking In Haverhill As a Massachusetts Drug Case Defense Lawyer there are several things I would like to know about this case. What information did the police have that Perez was involved in drug trafficking. In order to legally stop and search him the police must have probable cause. That can be established in many ways yet this article does not even hint at the reasons the police targeted this man. I assume an informant provided certain information from which the police launched their investigation but that information must also meet a constitutional threshold before it justifies them stopping and searching Perez. I would also want to know whose car Perez was driving and who, if anyone he was meeting in the parking lot. As with most drug cases, I would expect to see a Motion to Suppress vigorously litigated in this case.
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On December 30, 2009 police on Cape Cod searched an apartment located at 6A Holly Street in Onset, Massachusetts. There they found prescription drugs, a large quantity of cocaine, an assault rifle, a handgun and ammunition. Both weapons were loaded. At the scene were Manuel Pina-Agee and Amanda Muller, both of Wareham. Both were arrested that night and charged with drug and gun violations. Not present was Theodore Lopes who has also been charged with these offenses. Police have been searching for Lopes since the home was searched. Lopes has been charged with Trafficking Cocaine and Gun Possession, both felonies in Massachusetts.

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Police Search For Cape Cod Resident Charged With Drug Trafficking, Gun Possession

When looking at this case any Plymouth County Massachusetts Drug Defense Lawyer who handles cases in Wareham would immediately want to know how is it that three people have been charged with these crimes. When a home is searched and more than one person is present there is always an issue as to who had ownership or possession of the illegal items. Simply being present where a crime is being committed is insufficient to sustain a conviction. In these cases motions to dismiss are usually filed and are often successful. Here is another thought. Why is Lopes being charged with these crimes? The article suggests that he was not present when the search took place. Had he been he would have been arrested. It is difficult and many times impossible for the district attorney to legally link someone to criminal activity when the person is not present, particularly in the case of drug matters and searches. This might very well be the type of case that Lopes can win.

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