Firearm Case Results

Suffolk Superior Court

The client was charged with a variety of firearm offenses and as a Level III armed career criminal. The client was a backseat passenger in a car that was stopped for driving without its’ lights illuminated. Two officers approach the car and request identification from the three passengers. The client checks for identification and states he does not have any. While waiting, the officer shines the flashlight throughout the interior of the car. He does not see any contraband. The officer returns to his cruiser while keeping an eye on the client the entire time. When he returns to the car, the officer shines his flashlight again into the car and sees a Tech-9 firearm on the floor behind the driver.  Boston, MA Firearm Defense Attorney Jeff Miller prepares for trial.

Result: The Jury finds the client NOT GUILTY.

Chelsea District Court

The client was charged with Felony Possession of a loaded firearm and Possession with Intent to Distribute Marijuana within 300 feet of a school. Officers alleged they received information from a confidential informant that the client was selling marijuana from his home. The police conducted three controlled buys with the confidential informant. Officers applied for a two search warrants, one for the client’s apartment and one for the person of the client. When police executed the search warrant, they observed the client walking on the street in the area of the client’s home. Police stopped him and recovered a firearm from him. Massachusetts gun suppression lawyer Jeff Miller files a motion to suppress the search of both the client and his home.

Result: Motion to Suppress allowed as to the person of the client.

Chelsea District Court

The client was staying at his brothers’ room in a rooming house in Chelsea, MA. The police received a call of three shots fired at the house (in the direction of the house, not inside the house). When they arrived, the police observed bullet holes through a window. Upon entry on the first floor of the house, the police determined the shots came from outside the house based on the fact the glass was broken into the apartment and also on the fact the slugs were recovered from the wall. The police ascend the stairs to the second floor to check for any persons that may be injured. After checking three bedrooms and finding no one injured, the police come to a fourth bedroom with a locked door. Officers o not hear anything inside the room. They call the fire department for the hailigan tool to break down the door. Upon entering the room, they observe the client and another man kneeling on the bed “holding back” two pitbulls. Officers interpreted this as the client was “protecting something.” Police search under the mattress and between the mattress and the boxspring observe a hole cut in the boxspring. Inside the hole they observe a piece of material. Inside the piece of material they feel an object, which they recognize to be a gun. The client is charged with a variety of firearm offenses that carried an 18-month mandatory minimum jail sentence. Chelsea Criminal Defense Attorney Jeff Miller files a motion to suppress. The motion is denied. Massachusetts Gun Defense Lawyer Jeff Miller files an Interlocutory Appeal. The Interlocutory Appeal is denied. Boston Criminal Defense Attorney Jeff Miller prepares for trial.

Result: On the day of trial, the Commonwealth files a Nolle Prosequi and ends the prosecution against the client.

Chelsea District Court

The client was charged with four counts of illegal possession of a firearm and one Count of Felony Assault with a dangerous weapon, to wit: firearm.  The client was at home with his girlfriend.  The client had been arguing with his girlfriend during the course of the day.  The client was also drinking for period of the day.  At the culmination of the argument, the alleged victim retired to the bedroom upstairs.  The client was cleaning four firearms that he used for hunting.  The alleged victim heard a noise and came out of her bedroom.  She thought it was the client destroying her computer.  When she looked downstairs, she observed the client holding a rifle by the barrel with the butt of the gun on the floor.  The client asked what she was doing.  The alleged victim retreated to the bedroom and called 911.  A local SWAT team responded and placed the client under arrest.  Though the client had no criminal record, the Government insisted on committed jail time for the client.  Massachusetts Firearm Defense Lawyer prepares for trial and possible disposition of the case.

Result:  On the day of trial, Attorney Miller persuades the Judge to adopt a Plea agreement that saves the client from a committed jail sentence and a felony conviction.  The client receives a period of probation and avoids a Felony conviction.

Boston Municipal Court
Gun Court 

The client was charged with illegal possession of a firearm, second offense.  As a second offense the charge carried a mandatory minimum sentence of five years in state prison if convicted.  Testing on the gun later revealed the gun was a starter’s pistol.  This reduced the charges to possession of ammunition.  The Commonwealth alleged a police officer observed the client showing “something” to two other men.  The police observed the client put “something” into the car and close the car door.  The incident occurred in a “high crime” area known for “gang activity.” The police approached the three men and pat-firsked them.  The frisk of the the client resulted in the seizure of a lawful pocket knife.  Next, the police informed the client his car was parked illegally.  They ordered him to move the car or it would be towed.  The client refused.  Police attempted to open the car doors, which were locked, to no avail.  Next, the police forcibly remove the car keys from the client and open the car.  Under the pretext of an inventory search, the police observed the gun under the driver’s seat.  Massachusetts gun suppression lawyer Jeff Miller files a motion to suppress and prepares for the suppression hearing.

Result:  After the suppression hearing, motion to suppress is ALLOWED.

Boston Municipal Court
Central Division

The client was charged with multiple serious felonies including possession of a firearm, 3rd offense, Armed Assault to Murder, Aggravated Assault and Battery by means of a dangerous weapon, to wit: gun and was also charged as a Level III Armed Career Criminal.  In a wild set of facts, the Commonwealth alleged the client shot another man after a high-speed chase through the city of Boston.  Boston Gun Defense Lawyer Jeff Miller begins investigation into the facts of the case.

Result:  Commonwealth files  Nolle Prosequi and ends prosecution of the client before the case is indicted.

Chelsea District Court

The client was charged with Felony Offense of Carrying a Dangerous Weapon; to wit: knife.  The Client was stopped for a motor vehicle infraction.  A “very sharp thumb knife” was seized from the car.  The client was subsequently charged with Carrying a Dangerous Weapon.  Chelsea, MA Criminal Defense Attorney Jeff Miller analyzes the statute.  Attorney Miller prepares a motion to dismiss, arguing no crime has been committed.

Result:  On the day of the motion, the Commonwealth concedes the motion.  Motion to Dismiss ALLOWED.  Case Dismnissed.

Chelsea District Court

The Client was charged with unlawful Possession of Ammunition and Knowingly Being Present where Heroin is Kept.  The Commonwealth alleged the client drove to an area and dropped his friend in an attempt to pick up heoin.  A Police Officer approached the car and inquired.  After arresting the client for the drug offense, the Officer seized two shotgun shells from the car.  The cleint was not a Massachusetts resident.  The client lived in a bordering state where no FID car was required.  Chelsea, MA Ammunition Defense Attorney researches the statute and finds an exception to the charge.

Result:  Case Dismissed on the day of trial.

Boston Municipal Court
Roxbury Division

The client was charged with 4 counts of Felony Assault by means of a dangerous weapon, to wit: a firearm, possession of a loaded firearm and discharging a firearm within 500 feet of a dwelling.  The Commonwealth alleged the client drove up to an apartment complex, pulled out a firearm and said “who do I have to kill here,”  then fired a shot into the air.  Moments later a police officer drove by the area.  The alleged victim stopped the officer, told her story, and pointed in the direction of the client.  The officer stops the client.  The client makes a statement without the benefit of a Miranda warning.  No firearm is recovered.  Roxbury, MA Firearm Defense Lawyer Jeff Miller files a motion to suppress the statement.  On the day of the suppression hearing, the Commonwealth does not object to the motion.  Motion to suppress ALLOWED.  Boston, MA Criminal Defense Attorney Jeff Miller prepares for trial by interviewing 5 witnesses and retaining a gun-shot residue expert.

Result:  On the day of trial, Prosecutor moves to dismiss the case.

Suffolk Superior Court

The defendant was charged with Felony Possession of a Firearm in violation of MGL chapter 269 section 10(a).  In addition, the government charged the defendant as a Level III Armed Career Criminal.  This sentencing enhancement carries a mandatory minimum sentence of 15 years in state prison.  Suffolk Superior Court Suppression Attorney Jeff Miller files a motion to suppress the firearm based on the fact the firearm was seized without reasonable suspicion or probable cause.  Also, Superior Court Gun Defense Lawyer Jeff Miller challenges the Police order for the defendant to exit the car.

Result:  Motion to suppress ALLOWED.  Prosecutor enter Nolle Prosequi and ends prosecution of defendant.

Chelsea District Court

The defendant was charged with a variety of Felony Firearm Offenses, Felony Possession with Intent to Distribute a class B substance and Resisting Arrest.  In a fact intensive case, police seize the defendant’s bag and find 50 + crack rocks.  The defendant is placed under arrest and transported to the police station.  At the station, the police seize a firearm that is alleged to drop from the defendant’s pant leg.  The booking video at the station captures the incident on video.  Chelsea, MA Gun Defense Lawyer Jeff Miller files a motion to suppress all evidence.  After a suppression hearing, the Judge ALLOWS the defendant’s motion to suppress.

Result:  After hearing, Motion to suppress ALLOWED, Commonwealth appeals.  Appeals Court affirms Judge’s Decision ALLOWING the Motion to Suppress.

Chelsea District Court

The defendant is charged with Felony Carrying a Dangerous Weapon.  The government alleged a police officer observed the defendant acting “suspiciously” in a “high crime” area.  The officer noticed a bulge in the defendant’s jacket and performed a pat-frisk which resulted in the seizure of a knife.  Chelsea, MA Suppression Attorney Jeff Miller files a motion to suppress contesting the legality of the pat-frisk.

Result:  After hearing, Motion to suppress ALLOWED, case dismissed.

Boston Municipal Court
Central Division

The defendant is charged with Felony Possession of a Firearm.  The government alleged the defendant was the owner and the driver of a car stopped by police.  Six other people were in the car at the time of the stop. The gun was located under the driver’s seat.  Boston, MA Firearm Defense Lawyer Jeff Miller files a motion to dismiss and motion to suppress.  After hearing both motions are denied.  Massachusetts Firearm Trial Lawyer Jeff Miller prepares for trial.

Result:  Jury finds defendant NOT GUILTY on all counts.

Boston Municipal Court
East Boston Division

The defendant is charged with two felonies, Possession of an Infernal Machine and Introducing a Firearm into a Security Area of an Airport.  The government alleged the defendant was in possession of the items referenced above.  East Boston, MA Criminal Defense Attorney Jeff Miller researches the law and discovers an intricacy in the statute favoring the defendant.  Massachusetts Airport Crime Defense Lawyer Jeff Miller conferences the case with prosecutor and convinces to dismiss the felony charges.  Prosecutor amends complaint to possession of fireworks, a misdemeanor offense.

Result:  Defendant admits to sufficient facts, case dismissed after one year.

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