Massachusetts Criminal Defense Lawyer Blog

A Fall River man was arrested and charged with a Massachusetts gun crime after police claim he possessed a sawed-off shotgun. Scott Cambra was arrested along with Dana Mazyck when police claim that they found the gun behind Cambra's house according to a news account in the Fall River Herald News.

The police found the gun when executing a search warrant for the home. As a Massachusetts criminal lawyer, the Commonwealth would have to prove that the defendant constructively possessed the firearm as it was not found in the direct possession of either defendant. The defendant will claim that he did not possess the gun and did not know that it was in the yard. The Commonwealth appears to have a difficult case for constructive possession of the firearm. Typically in a constructive possession case, a firearm will be found in an area closely associated with the defendant such as in the defendant's bedroom or in the glove compartment of a car. In those cases, it is easier for the Commonwealth to prove that the defendant possessed the firearm as the firearm is in an area closely associated with the defendant's other possessions.

Here, there seems to be several avenues of defense for a gun crimes lawyer in Massachusetts. The news account suggests there is a dispute as to where the gun was found. Additionally, even if the gun was on the defendant's property, the Commonwealth would need other evidence that the defendant knew the gun was there and had the ability to exercise dominion and control over it. Finally, the criminal defense attorney would want to challenge the basis for the warrant allowing the police to search the residence under the United States Constitution.