Articles Posted in Gun/Firearms Crimes

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The Massachusetts Appeals Court recently suppressed evidence in a case that was seized as a result from an arrest by Boston Police based on mistaken information.  In the case of Commonwealth v. Maingrette, the Appeals Court ruled that the arrest, based on a default warrant that was no longer active at the time of the defendant’s arrest, was unlawful and evidence seized as a result must be suppressed.

When “an arrest is wrongly made on the basis of mistaken information chargeable solely to the police, the burden is on the government to show that i twas not at fault in the circumstances” and that the mistake was reasonable.”

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A Massachusetts State Police Trooper pulled over two Boston men in Stoughton late Sunday night, ultimately arrested the passenger on Massachusetts Gun Crimes Charges.

The passenger, Brian Marsh, 45 of Hyde Park, was arrested and arraigned in Stoughton District Court for unlawful possession of a firearm and unlawful possession of drugs.

According to the Massachusetts State Police, a trooper on his way home from a paid detail after 11:00 p.m. Sunday night observed a car with an invalid inspection sticker. Attempted to pull the car over for this violation, the trooper alleged that the vehicle accelerated to speeds of approximately 90 miles per hour.

When the car finally pulled over, the trooper approached the driver and could smell an odor of marijuana. The operator of the car, Jason Brewer of Roxbury, allegedly admitted he was unlicensed and could not locate the registration for the car. The trooper additional spoke with the passenger of the, who allegedly made inconsistent statements concerning the who owned the vehicle.

The Massachusetts State Police trooper, based on inconsistencies of the passenger’s stories, ordered him out of the car and conducted a pat-frisk. As a result of the frisk, state troopers recovered an unloaded revolver on the passenger.

The fact pattern in this incident is one that could potentially raise several constitutional challenges by way of a motion to suppress evidence. For instance, was the officer’s stop of the car even lawful in the first place? The trooper is going to say that it was because he saw the car traveling with an expired inspection sticker…but are we really going to believe that? How did he see it? At 11:00 p.m. at night while the car was traveling down the road and through his rear view mirror?

Secondly, there is a serious concern whether the trooper’s exit order and pat-frisk of the passenger was even lawful. Under Massachusetts law, before a police officer in a routine traffic stop may order a person out of the car, he must have a reasonable belief that his safety or the safety of others is in danger. I also don’t believe that simply because the passenger’s story was inconsistent was enough to justify the exit order. There must be something specific that would give the officer concern that his safety was in danger, and hunch is not enough.

Additionally, with regard to pat frisks, Massachusetts law considers even a limited search for weapons as a serious intrusion against a person’s constitutional rights. Unless there is probable cause to arrest, a search will only be justified if there is both a reasonable suspicion of criminal activity and a reasonable apprehension of danger.

If the prosecutor cannot meet his burden in establishing that the exit order and subsequent pat frisk was justified pursuant to constitutional standards, then any evidence obtained as a result should be suppressed or excluded from the case.

Boston Criminal Defense Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts Gun Crimes Charges.

To schedule a Free Consultation, Click Here to Contact a Massachusetts Gun Crimes Lawyer or call 617-325-9500.

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Boston Police Officers executed a search warrant charged the Dorchester homeowner with several Massachusetts Gun Charges this past week.

The Dorchester man, Magnetic Tom, was charged with two counts of Unlawful Possession of a Firearm, Unlawful Possession of Ammunition, Improper Storage of a Firearm and being a Level II Armed Career Criminal.

According to the Boston Police Department, a search warrant was executed at the man’s Washington Street apartment in Dorchester this past Thursday and recovered two handguns and several rounds of ammunition.

The police further allege that the man told them “You’re here to look for guns. I need to protect my family” and basically admitted that he illegally possessed guns. [Take that with a grain of salt. According to police, almost everyone admits to the illegal activity].

The Massachusetts Gun Crime of Improper Storage of a Firearm makes it unlawful to store any firearm that is not secured in a locked container or equipped with a tamper-resistance mechanical lock or other safety device.

For those defendants that do not have a firearms identification license, a conviction for this gun crime can carry up 1 to 10 years for a firearm that is not a large capacity weapon; or 2.5 to 10 years in state prison for a large capacity weapon or machine gun.

Even persons that are properly licensed to possess gun can be charged with Improper Storage of a Firearm, and a conviction in this context can carry up to 1 year imprisonment for non-large capacity weapons; and 1 to 10 years for large capacity weapons.

Additionally, a conviction for the above offenses would also trigger the Armed Career Criminal (“ACC”) Sentencing Enhancement, which provides enhanced penalties for those defendants who have been previously convicted of a ‘violent crime’ or a ‘serious drug offense’.

On a Level 2 ACC conviction, the person would face a minimum-mandatory 10-15 year sentence to state prison.

Boston Criminal Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts Gun Crimes, including Unlawful Possession of a Firearm; Unlawful Possession of Ammunition, Improper Storage of a Firearm; and charges involving the Armed Career Criminal Sentencing Enhancement.

To schedule a Free Consultation, Click Here to Contact a Massachusetts Gun Crimes Lawyer or call 617-325-9500.

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A Brockton man was arraigned last week on several Massachusetts Crimes of Violence Charges for allegedly shooting at a crowd of people in Boston.

The man was formally arraigned in the Dorchester Division of the Boston Municipal Court with Armed Assault to Murder, Unlawful Possession of a Firearm, Unlawful Possession of Ammunition and Carrying a Loaded Firearm.

According to the Boston Police, the Brockton man exited his vehicle last Tuesday evening and started shooting at a group of people that were in front of a liquor store in the area of 620 Shawmut Avenue in Boston’s South End.

Boston Police Officers allegedly witnesses the shooting and began chasing the man, who reportedly discarded the firearm. He was arrested further down on Washington Street.

Another man, from Boston, then allegedly grabbed the discarded gun and attempted to hide it in a plastic bag under some bushes. That man was also arrested and charged with Massachusetts Gun Crimes Charges. At his arraignment, Suffolk County prosecutors also charged him with being a Level III Armed Career Criminal. His bail was set at $15,000 after his arraignment in Dorchester Court.

As for the Brockton man, he was held on $100,000 cash bail with conditions, including GPS monitoring.

Boston Criminal Lawyer Lefteris K. Travayiakis has extensive experience in defending persons charged with Massachusetts Crimes of Violence and Gun Crimes Charges, including Armed Assault to Murder and Unlawful Possession of a Firearm, and is available 24/7 for consultation.

To schedule a Free Consultation, Click Here to Contact a Massachusetts Criminal Lawyer or call 617-325-9500.

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A freshman student at Falmouth High School allegedly brought a gun to school this past week and has been charged with Massachusetts Gun Crimes Charges.

According to Falmouth High School representatives, the student, who is reportedly 15 years old, was allegedly bragging to other students that he had a gun. Falmouth Police were called to the school and found that the student did, indeed, have a gun on him, but it was not loaded.

According to police, the student took the gun from a relative, who is reportedly licensed to carry firearms. His license to carry has reportedly been suspended pending a further investigation.

The student was arraigned in Falmouth Juvenile Court and charged with Unlawful Possession of a Firearm. He was released on personal recognizance and ordered to abide by a curfew and to stay away from Falmouth High School.

The Massachusetts Gun Crime of Unlawful Possession of a Firearm is punishable by imprisonment for not less than 18 months and up to 2.5 years in the House of Corrections. Under Massachusetts law, a “firearm” is defined as a pistol, revolver or other weapon, loaded or unloaded, from which a shot or bullet can be discharged, and whose barrel is less than 16 inches.

Boston Criminal Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts Gun Crimes Charges, including Unlawful Possession of a Firearm, Unlawful Possession of Ammunition, and Carrying a Loaded Firearm.

To schedule a Free Consultation, Click Here to Contact a Boston Gun Crimes Lawyer or call 617-325-9500.

Attorney Lefteris K. Travayiakis may also be reached via e-mail at lefteris@travayiakis.com.

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A 26 year old Boston man was arrested this past weekend in Dorchester on Massachusetts Gun Crimes Charges for allegedly carrying a loaded AK-47 assault rifle and allegedly firing a shot into the ground.

Mohamed Ali Bile, of Dorchester, was arrested by Boston Police officers and charged with Unlawful Possession of a Firearm; Unlawful Possession of Ammunition; Carrying a Loaded Firearm; and Unlawful Possession of a Large Capacity Firearm.

According to the Suffolk County District Attorney’s Office, Boston Police Officers responded to an area in Dorchester for a report of “a black man wearing a black hooded sweatshirt” who had allegedly fired a shot into the ground. Police officers who responded allegedly encountered Bile, who allegedly ran away from the police and jumped fences through several backyards.

Upon his arrest, Mohamed Ali Bile denied that he ever possessed any firearms and allegedly stated that he was running because he thought that someone was trying to shoot at him.

Despite what may appear, according to reports, to be an open and shut case for the government, the reality is that prosecutors will have an uphill proving to a jury that it was Bile who actually possessed weapon and it was he who actually fired the weapon. After all, it does not appear that any witness would be able to identity Bile as the person who possessed the gun; and the police officers never saw him possess/fire the weapon. If the only evidence of ‘consciousness of guilt’ is that he allegedly ‘fled’, then any valid reason presented to a jury might arguably persuade them that there is, in fact, reasonable doubt…

Boston Criminal Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts Gun Crimes, including Unlawful Possession of a Firearm and Unlawfully Carrying a Loaded Firearm.

To schedule a Free Consultation, Click Here to Contact a Boston Gun Crimes Lawyer or call 617-325-9500.

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A 14 year old Boston high school student was arrested this morning on Massachusetts Gun Crimes Charges after he allegedly brought a loaded handgun to West Roxbury High School.

The 9th grade student was charged in West Roxbury Juvenile Court this morning on charges including Unlawful Possession of a Firearm, Unlawful Possession of Ammunition and Unlawful Possession of a Loaded Firearm.

The Boston high school student was arrested at the West Roxbury Education Complex this morning by Boston School Police when he allegedly tried to avoid the metal detector when entering the school.

Following his arraignment on gun charges, the student was held without bail pending a Dangerousness Hearing.

The Massachusetts Gun Crime of Unlawful Possession of a Firearm is punishable with imprisonment for a minimum-mandatory sentence of not less than 18 months in the House of Corrections and up to 5 years in state prison.

In order to prove unlawful possession of a gun, the prosecutor would have to prove that the defendant possessed or had under his control a firearm. A “firearm” is defined in Massachusetts is a pistol or revolver, loaded or unloaded, from which a bullet can be discharged and which has a barrel length of less than 16 inches.”

Boston Criminal Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts Gun Crimes Charges, including Unlawful Possession of a Firearm.

To schedule a Free Consultation, Click Here to Contact a Boston Gun Crimes Lawyer or call 617-325-9500.

Attorney Lefteris K. Travayiakis may also be reached at lefteris@travayiakis.com.

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Orlando Kavanaugh, 28 from Boston, was arraigned in Brockton’s Plymouth County Superior Court on several Massachusetts Crimes of Violence Charges and Gun Crimes in connection with the death of Tina Gonsalves.

Kavanaugh has been charged with First Degree Murder; Armed Home Invasion; Armed Assault to Murder; Assault with a Dangerous Weapon; Unlawful Possession of a Firearm; and Unlawful Possession of Ammunition.

According to the Plymouth County District Attorney’s Office, Orlando Kavanaugh allegedly broke into Tina Gonsalves’ Rockland apartment by breaking a window and then unlocking the back door. At some point during the unlawful entry, Gonsalves reportedly confronted and struggled with Kavanaugh, during which the handgun Kavanaugh allegedly was carrying went off, striking Gonsalves in the stomach. She later died of her wound at a Weymouth Hospital.

Afterwards, prosecutors allege that Kavanaugh ran to a waiting car outside, but not before he was also shot in the shoulder by Gonsalves’ son, who had his own firearm.

Police reportedly recovered Kavanaugh’s hooded sweatshirt from the scene, and also obtained video surveillance footage from a Brockton Hospital where he was dropped off to be treated for his own gunshot wound. The video footage reportedly also captured the alleged ‘getaway vehicle’, though it’s not clear if anyone else has been charged or even arrested in connection with this incident.

Boston Criminal Lawyer Lefteris K. Travayiakis is available 24/7 for consultation for representation against all Massachusetts Crimes of Violence, as well as Massachusetts Gun Charges.

To schedule a Free Consultation, Click Here to Contact a Boston Criminal Lawyer or call 617-325-9500.

Attorney Lefteris K. Travayiakis may also be reached at lefteris@travayiakis.com.

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shooting.jpgTyre Wade, 19, was arrested this past week and charged with Massachusetts Gun Crimes Charges for allegedly carrying and shooting at Boston Police Officers. He was charged with Assault & Battery with a Dangerous Weapon, Unlawful Possession of a Firearm, and Unlawful Possession of Ammunition.

According to the Boston Police Department, officers were in Roxbury this past week looking for what they described as “gang members known to have outstanding warrants.” At a residence on Slayton Way, police came across several individuals, who allegedly fled upon the arrival of police officers.

One of the men, Tyre Wade, allegedly reached into his waist and pulled out a gun, which then discharged. He was eventually taken in custody and was subsequently arraigned in the Roxbury Division of the Boston Municipal Court on Gun Charges.

What is unclear is whether Tyre Wade was one of the men believed to have an outstanding default warrant. If not, then Tyre Wade may have have a viable defense in his case in challenging his Search & Seizure.

Boston Criminal Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts Gun Crimes, including Unlawful Possession of a Firearm.

To schedule a Free Consultation, Click Here to Contact a Massachusetts Gun Crimes Lawyer or call 617-325-9500.

Attorney Lefteris K. Travayiakis may also be reached at lefteris@travayiakis.com.

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gun.jpgAshawda Nelson, 19, and Noccokawon Pledger-Grant, 21, both of Dorchester, were arrested this past week on Massachusetts Gun Charges following a ‘shots fired’ report. Both men where charged with Unlawful Possession of a Firearm, Unlawful Possession of Ammunition, Carrying a Loaded Firearm, and Discharging a Firearm with 500 feet of a Dwelling.

According to the Boston Police Department, officers responded to the area of Auckland Street in Dorchester on a report of shots having been fired. The two men were reportedly observed running in the direction of the Savin Hill MBTA Station when they were apprehended. During a search of one of the men, a firearm was allegedly recovered on his person.

Despite that a gun was reportedly seized from one of the men, this strength of the prosecutions case against these men will rise and fall on whether the officers had sufficient probable to immediately arrest these men. In similar types of cases, the police will inevitably rely on witness reports and the purported identification of the men. In circumstances where the description of the purported suspects is in question, the defense may have ample grounds to challenge the constitutionality of their arrest by litigating a Motion to Suppress Evidence.

In Search and Seizure cases where the constitutionality of the seizure and arrest of the person is successfully challenged, the evidence seized, in this case the firearm and ammunition, will be deemed ‘suppressed’ or inadmissible. If that were to happen in this case, the prosecution would presumably have no evidence against them and would be unable to move forward in its prosecution against them.

Boston Criminal Lawyer Lefteris K. Travayiakis has experience in defending persons against Massachusetts Gun Crimes Charges, and is available 24/7 for consultation.

To schedule a Free Consultation, Click Here to Contact a Boston Gun Crimes Lawyer or call 617-325-9500.

Attorney Lefteris K. Travayiakis may also be reached at lefteris@travayiakis.com.