Hall of business building with light from window
Call Us 24/7 at (508) 455-4755

Get your life back on track with a lawyer that helps people every day avoid an OUI conviction: See our results and testimonials

Client Reviews
over 146 reviews
Our Results
over 230 results
Request a Free Consultation

Articles Posted in gun offenses

The Taunton Daily Gazette reports that two brothers are facing guns and drug charges after a police raid.

Drug charges and gun charges in Taunton often go hand-in-hand.

Massachusetts criminal defense lawyers have defended many clients charged with both crimes. In the Commonwealth, drug charges can range from possession of a small amount of marijuana to being caught with larger amounts that can lead to trafficking charges.

In gun cases, possession of a gun without a firearm identification card can lead to mandatory jail time. Possession by a convicted felon or using a weapon while committing another crime are also serious offenses.

But there are many defenses to these two charges. Your defense lawyer must carefully review the facts and circumstances that led police to believe they were justified in filing such charges. If they relied on a search warrant to gain entry to a home, car or business to seek evidence, what was written in an affidavit must be scrutinized.

In many cases, a group of people can be riding in a car that gets pulled over by law enforcement. If there’s an illegal gun or drugs in the car, police will sometimes attempt to charge everyone. That’s simply not right and cases like that have been overturned and charged dropped because police don’t have the facts to back up such charges.

In this case, 19-year-old Adilson DaGraca-Teixeira and 21-year-old Jason DaGraca-Teixeira are charged with possession of heroin with intent to distribute, conspiracy to violate drug laws, possession of ammunition without a firearms identification card and possession of a firearm without a firearms identification card. They are both being held without bond while they await a February 2 trial date.

On November 3, police raided their apartment at 56 Wales St. after they got a search warrant signed by a judge. Officers said they found heroine, oxycodone as well as a hidden compartment in the ceiling that contained ammunition and two handguns. The defendants’ sister, Melinda Teixeira, 18, was arrested as well as three other people. She is being charged with possession of heroin with intent to distribute, being present where heroin is kept and conspiracy to violate drug laws.

Three other 19-year-olds — Alexander Torres Jr., of Brockton, Jeschalie Jimenez, of Providence and Darius Jones of Taunton face various drug possession charges.

These young people now face very serious drug charges that can have a profound effect on their future. But remember, it is the prosecution’s job to prove the charges, not the other way around. A defendant doesn’t have to say anything before a jury because the charges must be proven beyond a reasonable doubt, not disproven.

There are defenses that must be considered for a person facing charges that are this serious. When the defendants are young and have a future ahead of them, the responsibility is even greater. Putting your faith in an experienced and aggressive Massachusetts criminal defense lawyer is the best course of action at the earliest possible stage in such cases.
Continue reading

Police have accused two women of a conspiracy during which they faked a housebreak to steal guns and trade them for heroin, The Sun Chronicle reports.

Charges of theft in Attelboro as well as drug and gun offenses can add up to jail time, possible probation and fines and fees.

But whether a shoplifting or a serious theft crime such as a burglary or robbery, it can sometimes be difficult to prove for police. Without credible eye witnesses or some type of caught-in-the-act moment, police sometimes have a hard time fingering who committed a crime.

Even if they make an arrest, Massachusetts criminal attorneys will challenge the case put together by prosecutors and work toward the best outcome possible in a client’s case. When evidence is scarce, there is plenty of reasonable doubt to show the accused isn’t the criminal. And even if it appears there is an abundance of evidence, some can be thrown out with an experienced lawyer.

In this case, 38-year-old Shannon E. Wilson called authorities to tell them that her house on 87 Smith St. had been broken into. Police quickly turned against her and began considering that there was no break-in at all.

The Sun Chronicle reports that the woman then allegedly confessed that she made up the incident so that she and longtime friend Robert Delaney of Franklin could sell her husband’s .22-caliber and .45-caliber pistols for heroin.

Both have been arrested, but there is a wrinkle in the case. Police haven’t recovered the weapons. The suspects allegedly told police that the .22-caliber gun was sold to a drug dealer in Taunton and the .45-caliber gun was taken to Providence and sold to a drug dealer there.

Both defendants are allegedly blaming each other, with neither admitting to who committed the break-in or who took them from the storage locker and completed the drug deals.

Because both have pending cases in Wrentham District Court, a judge in Attleboro District Court held them without bond.

Wilson is charged with armed robbery and larceny in Wrentham, while Delaney has a prior drug case that is pending.

In this case, both face charges of larceny of a firearm, conspiracy, conspiracy to violate narcotics laws and unlawful possession of firearms with large capacity feeding devices. In addition, Wilson faces a charge of filing a false police report and Delaney is charged with breaking and entering.

Without an eyewitness to say who broke into the house, it may be difficult for the state to prove. And the fact that police don’t have any evidence of where the weapons are or that they were actually traded for heroin casts doubt on some of the charges.

Delaney is charged with breaking and entering, but do the police really know he did that? If each defendant is blaming each other, it could be difficult for investigators and prosecutors to sort through what they have and ensure that they can prove beyond all reasonable doubt each of these charges. That’s another reason why simply remaining silent is so often to a client’s advantage.
Continue reading

The Massachusetts Appeal Courts addressed the issue of when police may make an investigatory stop based on 911 tips. The case of Commonwealth v. Alfredo Perez arose from an appeal of the defendant’s conviction in the Brockton District court of possession of a firearm without an FID card in violation of Massachusetts General Laws Chapter 269 Section 10. As a Brockton gun crime lawyer, charges of unlawful possession of a firearm often raise Constitutional defenses.

In the case, Brockton police received a report of guns shots fired. A police officer responded within minutes to the call. The police then received a second dispatch claiming to seeing a car leave the area where the shots were heard. The police were able to identify the vehicle and made a motor vehicle stop.

In assessing whether the police had reasonable suspicion for the stop, the Massachusetts Appeals Court applied the decision of the United States Supreme Court in Florida v. J.L., 529 U.S. 266 (2000), which addressed the issue of what type of evidence the police need to make an investigatory stop based on an anonymous tip. The Perez Court held that the Commonwealth had to establish both the indicia of reliability of the transmitted information and the particular description of the motor vehicle.

To establish particularity the Court held that the Commonwealth must show that the description provided sufficient detail to allow a police officer relying on the dispatch reasonably to suspect that the motor vehicle matched the description and was occupied by the person under investigation. To establish reliability the Commonwealth must show the basis of knowledge of the source of the information and the underlying circumstances demonstrating the source of the information was credible or the information reliable, which is known as the veracity test.

The Court found that the basis of knowledge test was satisfied with regard to both calls based on first hand observation. The Appeals Court next addressed the issue of whether the veracity component was satisfied. The Court noted greater reliability is assigned to those whose identity is known. The Court held that both calls were anonymous, with one callers identity never being known while the other caller’s identity was only known after the motor vehicle stop. The Court stated that the fact that the officers went back to the scene to speak to the first caller supports a reasonable inference that they were able to do so because the caller either identified herself or could be traced by reasonable means.

The Court found that there was no additional evidence of police investigation to corroborate the veracity of the caller. However, the court noted that it could consider the imminent nature of the threat in assessing whether there was reasonable suspicion as well as the proximity between the call, the location of the incident and place of the stop. Accordingly, the Court found that the stop was permissible under Article 14 and the Fourth Amendment of the United States Constitution.
Continue reading

Contact Information