Massachusetts Legal Developments Blog

Strategies You Can Utilize to Fight Firearm Charges

Four Vermont men were recently arrested on gun charges following a report of a fight at a Massachusetts hotel. The charges are related to both unlawful possession of a gun and ammunition. Law enforcement states that a call was received from a man who claimed that he was being beaten up in a hotel parking lot and threatened with a gun. This man was later treated and released from an area hospital. The four men were arraigned in court and could end up facing additional charges after both drugs and cash were found in a hotel room in which they were staying. 

If you have been charged with a firearm offense in Massachusetts, it is critical to understand that these charges are taken extremely seriously and that the offenses can lead to felony convictions. Fortunately, if you are charged with a firearm offense in Massachusetts, your lawyer can create various strategies to respond to these charges. 

Weaken Eyewitness Credibility

The credibility of eyewitnesses is not an issue that your criminal defense lawyer can explore during a preliminary hearing, but much can be made of this point both at trial and during pre-trial motions. Even if your lawyer does not file a motion with the district attorney to discover who provided the information that led to your arrest, there are various other ways to challenge and attack the credibility of people who provided testimony that led to your arrest. 

Create an Argument to Attack Constructive Possession

The prosecution will also often attempt to argue that a person had constructive possession of a firearm. Constructive means that the prosecution will argue that the firearm was found in a person’s “immediate control” instead of on that individual’s person. To argue against constructive possession, your attorney will often argue against other individuals in the area who owned the property. Your lawyer will also point out other individuals who had access to your property. By focusing on these areas, it is sometimes possible to create questions about reasonable doubt that can eventually lead to an acquittal. 

Lack of Criminal Intent

Some offenses involve the presence of criminal intent. Establishing intent beyond a reasonable doubt, however, is often a particularly challenging task. Without the defendant admitting so, the prosecution often must utilize evidence and witnesses to argue that such intent existed. A skilled lawyer can challenge the admission of evidence as well as argue that evidence does not lead to the inference that the person charged with the crime is beyond a reasonable doubt. Consequently, it is a good idea to avoid speaking with law enforcement and attorneys following your arrest. 

Fourth Amendment Violations

The Fourth Amendment protects individuals against unreasonable search and seizure. Unfortunately, law enforcement sometimes acts in a way that violates the Fourth Amendment. In these situations, it is critical to understand that evidence obtained in violation of the Fourth Amendment can be subsequently held out of a court of law. 

Contact a Firearm Defense Attorney

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