Massachusetts Legal Developments Blog

A man was charged in March 2020 with allegedly stabbing two people inside the Bell in Hand Tavern in downtown Boston. Boston law enforcement promptly responded to the call at the historic bar and arrested the suspect, while Boston emergency medical workers transported both victims to a nearby medical facility with non-life-threatening injuries. 

When law enforcement arrived at the tavern they discovered that two men were stabbed and that staff security members were attempting to restrain the suspect on the main floor close to the bar. Law enforcement noticed the suspect violently struggling while two victims lay on the ground receiving care from other staff members. The suspect was later charged with two counts of assault and battery by means of a dangerous weapon, two counts of assault by means of a dangerous weapon, simple assault and battery, and resisting arrest and threats. 

If you are charged with a deadly weapon offense in Massachusetts, you can end up facing some severe consequences. Not only do people often receive jail time and penalties, but deadly weapon charges can also have other repercussions that can significantly disrupt a person’s life. The following reviews some critical points to understand about the nature of deadly weapon charges in Massachusetts.

Properly Inform Law Enforcement You Have a Weapon

To avoid an undesirable situation, there are some important details that you should remember in disclosing to law enforcement that you have a knife, gun, or another deadly weapon. After directly telling the police you have a weapon, law enforcement will respond in one of several ways. Often, law enforcement will remove the weapon for both your safety as well as the officer’s well-being. If the officer requests to remove the firearm, you should ask how you should hand over the weapon. If the officer gives you instructions about how to give up the weapon, you should repeat them back and narrate your actions as you proceed slowly. If the officer says anything that does not make sense, you should stop and ask for clarification. 

Massachusetts Deadly Weapon Laws Carry Harsh Penalties

Massachusetts law states that carrying a dangerous weapon on your person or vehicle is punishable by six months to two and a half years in jail. MGL c. 269 s. 10(b) states that a deadly weapon includes various types of knives as well as blowguns, metallic knuckles, and a wide range of other instruments that can be used to harm people. If a person has previously been convicted of carrying a firearm or other deadly weapon once or several times, this statute contains elevated penalties. It is a safe bet that if you can physically harm someone with the object you are holding, law enforcement and prosecution will likely find that it constitutes a deadly weapon.

Defenses to Deadly Weapon Charges

While convictions for deadly weapon offenses carry serious penalties, defenses exist to respond to these charges. Part of the reason so many defenses exist to these charges is that several elements must be established for a conviction to be made. Some of the most common defenses raised in response to deadly weapon charges include:

• A person cannot be charged with a deadly weapon offense if that individual did not actually have a deadly weapon.

• You might have only been using the deadly weapon to act in self-defense or to protect another.

• You may not have acted intentionally or willfully. For example, you might have been coerced to act in a certain way by a kidnapper or someone else was exerting control over you.

• Unfortunately, sometimes people are accused of crimes they did not actually commit. If you are the victim of mistaken identity and can draw such identification into question, you will likely be able to defend against a deadly weapon charge.

Contact an Experienced Criminal Defense Attorney Today

If you or a loved one has been charged with a crime in Massachusetts, one of the best steps that you can take afterward is to promptly contact a compassionate defense lawyer. Contact attorney Edward R Molari today to schedule a free case evaluation.

Law enforcement arrested three individuals after discovering both drugs and evidence of manufacturing at a residence. The Ware Police Department reports that three individuals were arrested after executing a search warrant for a residence located on Monson Turnpike Road with the assistance of the Monson and Warren Police Departments. The search warrant was obtained following an extensive investigation into drug activity in the area. 

During the search of the residence, an undisclosed amount of crack cocaine was located, as was suboxone and other drug paraphernalia. Other evidence that was seized was consistent with the manufacturing of crack cocaine. Various charges were made against the suspects including conspiracy to violate drug laws, possession of Class B drugs, and manufacturing a class B drug, One of the suspects was subsequently held without bail until his arraignment while the other two suspects were released on personal recognizance with their arraignment.

Unfortunately, law enforcement in Massachusetts can enter your home and seize evidence if they have a valid search warrant. Evidence seized under a search warrant can later be used in a criminal trial. It is often possible, however, to request a Franks hearing to keep evidence out of a trial. While the odds of a successful Franks hearing are low, you still might be able to protect your Constitutional rights if the police did not follow proper procedures. This article reviews some of the most common ways that people can challenge search warrants.

Lack of Probable Cause

One of the most common important questions to ask about search warrants is whether probable cause existed to permit such a search. Probable cause is found in not just a sentence or two in an affidavit but instead is assessed based on the “totality of the circumstances.” If it can be established that the judge lacked a substantial basis for concluding that probable cause existed, the defense challenge will fail.

Errors in Time

Timing is critical when considering a search warrant’s validity. Law enforcement must establish that the things they want to seize are likely to be on the premises at the time that a warrant is requested. One example of where time must be carefully considered is when an anonymous tip has spurred law enforcement into action. If a search warrant application’s affidavit fails to state when law enforcement received the tip or when the conduction in question occurred, a search warrant will likely be found invalid because it cannot be justified that the object of the search will be on the property at the time the judge signs the warrant.

Place Errors

Another common way to argue against search warrants is to claim that premises referenced in documentation supporting the search are not sufficient. The language of the Fourth Amendment demands that a search warrant be specific to the place being searched. If a search warrant fails to include statements defining where will be searched, it is not valid on its face. Instead, search warrants must provide the location of the property to be searched and distinguish this location from other areas.

Obtain the Assistance of a Compassionate Criminal Defense Attorney

A drug-related conviction carries various penalties and substantial stigma. As a result, if you are left facing one of these charges, it is a good idea to obtain the assistance of an experienced criminal defense lawyer. Contact attorney Edward R Molari today to schedule a free case evaluation.

A few snowballs thrown at a Massachusetts police officer led to the discovery of a stolen AK-47 and the arrest of a 30-year-old man from East Boston. Law enforcement responded to Havre Street in East Boston for shots fired in February. After searching the area for ballistics evidence, the attention of law enforcement was drawn to a man standing on a fourth-floor balcony. 

Moments later, snowballs were thrown from the balcony at police officers. This action prompted law enforcement to go to the fourth floor and knock on the door of the apartment where the occupant had shut himself inside. Law enforcement claims that they then peacefully entered the apartment and observed an unsecured AK-47 and a 12-gauge shotgun, and then located a 9 mm Taurus handgun. 

The AK-47 was later determined to not be registered to the man, who had a valid firearm license. Instead, the AK-47 was reported stolen in Holbrook in 2016. After investigating the weapon, the man was also determined to have discharged his handgun without causing injury to police officers. The man was arraigned in East Boston District Court on charges of unlawful possession of a firearm as well as discharging a firearm within 500 feet of a dwelling, assault, and improper storage of a firearm. 

The Commonwealth of Massachusetts requires individuals to carry a license to carry to purchase, possess, and even carry a firearm. Many people, however, have uncertainties about what possession means. This means that if you have a firearm on your person or in your pocket, you are in possession of it. The law refers to this as actual possession. Many people, however, have questions about how possessions are viewed if there is a firearm in your vehicle or if someone in your house owns a gun. Fortunately, owning a gun is not the equivalent of possessing a gun in the eyes of the law. Consider the following important elements about firearm possession in Massachusetts.

Constructive Possession

Massachusetts law does not require you to actually physically possess a firearm to be found in possession of the weapon. Instead, the law also acknowledges “constructive possession” if a person has knowledge of an object, the ability to exercise control over the object, and the intent to exercise control over the object.

Car Cases Can Get Complicated

In situations in which a person is riding in a car with a firearm is involved, complex possession questions can arise. For example, in the 2018 case of Commonwealth v. Summers, a defendant was the only occupant in a backseat and was charged with possession of a firearm that was inside the backpack on the floor of the backseat of the car. The court, in this case, noted that because the defendant was the sole passenger and because the backpack was also in the back seat, the individual was in constructive possession of the firearm. 

In the 2013 case of Commonwealth v. Romero, however, a Massachusetts case considered firearm possession when the defendant was in his own vehicle and a passenger had a gun. The court found that the defendant in the case was not in constructive possession of the firearm. The defendant in this case owned the car and knew the firearm was in his vehicle. The defendant’s friend had offered to let the defendant hold the gun, though. Because the car’s owner did not show signs of intending to control the gun, he was determined to not be in constructive possession of the firearm.

Firearms in Car Trunks

A firearm in your trunk will likely be found to be in your possession. In the case of Commonwealth v. Jeune, the defendant was driving and had keys to open the trunk at the time he was stopped by police. Law enforcement found drugs in the man’s vehicle, but because the defendant had keys that opened the trunk, the court held that the defendant was in constructive possession of the gun.

Obtain the Services of a Compassionate Firearm Defense Lawyer

If you or a loved one has been charged with a firearm-related offense, you should not hesitate to speak with an experienced criminal defense attorney. Contact attorney Edward R Molari today to schedule a free case evaluation.

Police in Great Barrington recently arrested three individuals in connection to an ongoing narcotics investigation. The arrests arose in connection with two separate motor vehicle stops. In addition to the stops, police also executed a search warrant on a local hotel room and one of the individual’s vehicles. The amount of substance that is believed to qualify as fentanyl is considered to be “trafficking weight.”  

Law enforcement also seized a large amount of cash. One of the individuals who was arrested has since been charged with distribution of a class A drug as well as trafficking a controlled substance of more than 36 grams. The other two individuals who were arrested have been charged with possession of a class A substance. 

Massachusetts takes the offense of drug trafficking seriously. One of the best ways to navigate these charges is to understand some of the critical details about how these charges are made.

What Separates Simple Drug Possession From Drug Trafficking?

The prosecution in Massachusetts has the burden of establishing that a person was in possession of a certain drug and that the individual either sold or intended to sell the drug. The act of selling or intending to sell is what separates the offense of drug trafficking from simple possession. Some pieces of evidence that the prosecution commonly relies on to establish a person sold or intended to sell drugs are baggies, cash, ledges, and scales. 

Elements that Impact the Severity of Charges

Some of the elements that influence the severity of drug trafficking charges include:

• Massachusetts law punishes some drugs more harshly than others. 

• People are often charged with offenses in addition to drug trafficking charges. Some of the other offenses with which people are commonly charged include money laundering and drug manufacturing.

• If a person has a previous criminal history, the consequences of drug trafficking charges increase in likely severity.

Defenses to Drug Trafficking Charges

Drug trafficking charges result in serious penalties, but fortunately, there are several ways to respond to these charges. Some of the most common legal defenses that people raise in response to these charges include:

• Attacking the credibility of a witness who provided details about the drug activity is often a powerful defense.

• Establishing that evidence was only obtained as a result of the violation of constitutional rights is a common defense technique.

• To satisfy the elements of a drug trafficking charge, the prosecution must show that the drugs in question were actually for sale and not for personal use. Sometimes, a defense can be created around the argument that the prosecution has not proven this element.

• Sometimes, a defense can be raised that scientific evidence has revealed that the drugs were not actually an illegal substance.

Contact a Compassionate Criminal Defense Attorney

Following a drug-related criminal charge, one of the best steps that you can take is to promptly obtain the assistance of an experienced criminal defense lawyer. Contact attorney Edward R Molari today and during a free case evaluation, he can discuss your available options to respond to these charges.