Massachusetts Criminal Defense Lawyer Blog

According to a news report in the Attleboro Sun Chronicle by Stu Skerker, three Rhode Island residents and one Attleboro teenager were taken into custody and all charged with a Massachusetts gun crime of possession of a firearm without an FID card. This charge carries with it a mandatory minimum jail sentence of 18 months.

The news report states that police arrive at a gas station for a report of a disturbance and one suspect allegedly showed a handgun. As the vehicle was leaving the gas station, it was stopped by Attleboro police.

A search of the car resulted in the recovery of a .22 caliber handgun and .22 caliber ammunition. It is unclear from the news report where the handgun was found; all four individuals were charged with possession of a firearm.

As a Attleboro criminal attorney, the four individuals in this case appeared to have some viable defenses. First, a motion challenging the basis of the stop can be filed. It is unclear from the news report what information the police had prior to stop. The police officers in this case would have to show reasonable suspicion to justify the stop of the vehicle. The Attleboro Patch news account by Patricia Resende indicates that the four individuals were involved in an argument with other individuals on a limosine bus. The defendants could challenge the reliability and veracity of this tip.

Secondly, a defense lawyer in Massachusetts could file a motion to challenge whether the police complied with the Fourth Amendment in searching the car. Third, given that it appears that the firearm was not found on any one individual, the Commonwealth may have a difficult time proving who possessed the firearm. The Commonwealth would proceed on a joint venture theory, meaning that the Government would claim that all four individuals constructively possessed the firearm and had the ability to exercise dominion and control over. Crucial to the defense in this case will be, who is alleged to have possessed the firearm at the gas station and where were the four individuals positioned in the car when they were at the gas station, and where in the car was the firearm and ammunition found. The Commonwealth would likely ask for dangerousness hearing to seek to hold each of the four individuals without bail for up to 90 days.

While the dangerousness hearing in the case would potentially hold the defendants without bail, it would be a valuable opportunity to begin establishing the defense of lack of possession of the firearm and to establish the facts necessary to successfully pursue a motion to suppress.