CRIMINAL CHARGES ALLEGED:
- Possession of a Firearm Without a FID Card
- Illegal Carrying of a Loaded Firearm
- Possession of a Firearm with an Obliterated Serial Number
The police report stated that officers responded to a report of a gunshot victim that was being treated at the local emergency room. While speaking to the victim, officers suspected that he illegally possessed a loaded firearm. Still at the hospital, the investigating officers obtained incriminating statements from the suspect, and a signed consent form authorizing the investigating officers to search the suspect’s residence for the firearm.
Ultimately, the investigating officers discovered a .22 caliber firearm, hidden at the suspect’s residence. Upon further investigation, the officers discovered that the serial number on the firearm had been obliterated. Criminal Defense Attorney Francis T. O’Brien aggressively challenged the legality of the actions taken by the investigating officers. More specifically, Attorney O’Brien called into question whether the police action that culminated in the discovery of incriminating physical evidence, and statements made against the suspect’s penal interest, were obtained in a manner that was consistent with the rights that are universally guaranteed by the United States Constitution and the Massachusetts Declaration of Rights.
First, Attorney O’Brien successfully moved the court to remand the criminal proceedings to go before a Clerk Magistrate to determine whether probable cause existed in support of issuance of the criminal complaint. Following the arraignment, Attorney O’Brien cited both mitigating circumstances unique to this particular client, coupled with the constitutional issues present in the criminal investigation and subsequent proceedings. Finally, Attorney O’Brien successfully disposed of the case with a brief term of unsupervised pre-trial probation, and the Case was Dismissed prior to trial. No record of the charges would enter on the defendant’s Bureau of Probation Record.
NAME OF CASE:
Case Dismissed Prior to Trial; and, the disposition allowed for no record of the charges to remain on the defendant’s Bureau of Probation Record.
CRIMINAL DEFENSE LAWYER:
Francis T. O’Brien, Jr. (Of Counsel), O’Brien Law Boston, Boston
CRIMINAL LAWYER CASE KEYWORDS:
Charges Dismissed, Illegal Possession of a Firearm, Pre-Trial Probation, Constitutional Rights, Clerk Magistrate Hearing, Probable Cause, Bureau of Probation Record
CONTACT A BOSTON CRIMINAL DEFENSE LAWYER:
Francis T. O’Brien is one of the top Boston criminal defense lawyers. He can assist you in your criminal defense for Illegal Possession of a Firearm, or other crimes involving illegal weapons. He has helped many defendants avoid convictions in all areas of criminal law.
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