» Carrying a Loaded Firearm

Firearms Related Charges, Habitual Offender Statute Violation, MOTION TO SUPPRESS FILED, CASE DISMISSED

December 11th 2012
Unlawful Possession of a Firearm Chapter 269 Section 10(a)
Unlawful Possession of Ammunition Chapter 269 Section 10 (h)
Carrying a Loaded Firearm Chapter 269 Section 10(n)
Habitual Offender Statute Chapter 279 Section 25
Client was a hard working father and husband who had been standing on a sidewalk in Roxbury with several other men. Police arrived and searched all the people, including client. After they searched client they discovered he possessed a loaded 9mm firearm in his waistband. Client was arrested and charged with the above charges and appointed a public defender. The public defender did a great job of obtaining a dismissal of the Habitual Offender Law, which had exposed client to potential significant prison time. However, after nearly a year of litigating the case, client sought Attorney Barabino to represent him on the above firearms-related charges. Attorney Barabino conducted a thorough examination of the crime scene, called witnesses to testify, and asserted case law regarding search and seizure in an extensive memorandum of law. On the day he filed a Motion to Suppress was filed, Commonwealth filed a separate motion with the court to withdraw the case from prosecution. Case Closed.
RESULT: Motion to Suppress, FILED. CASE DISMISSED.