NOT GUILTY: 2 counts of possession of a firearm without an FID card, 1 count possession of ammunition, 2 counts of possession of a loaded firearm with a potential armed career criminal enhancement.

Case Outcome

John Doe was charged in the Middlesex Superior Court with 2 counts of possession of a firearm without an FID card, 1 count possession of ammunition, 2 counts of possession of a loaded firearm, and one count of wanton destruction of property and was facing potential armed career criminal sentencing enhancements. Veronica White and Ben Leatherman of White & Associates successfully suppressed as evidence against Mr. Doe a key that linked him to a padlock securing the bag in which the firearms were found, significantly weakening the Commonwealth's case. After a 4-day trial, Mr. Doe was found not guilty on all 5 firearm counts and guilty only on the destruction of property, for which he was sentenced to less than 30 days in jail which was deemed served. White & Associates presented a strong defense to rebut the Commonwealth’s circumstantial evidence and the jury returned a verdict of not guilty for all of the severe charges.

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Possession of a Firearm ACC Level II – Gun Suppressed

John Doe faced an indictment for Possession of a Firearm as an Armed Career Criminal that carried a potential sentence of 10 years in state prison. Attorney Veronica J. White filed a motion to suppress based on the Fourth Amendment and Fourteenth Amendment to the U.S. Constitution, attacking the case on multiple fronts. She argued that police lacked reasonable suspicion to pursue Mr. Doe after he fled a traffic stop, and further argued that under Commonwealth v. Long, the Commonwealth failed to rebut statistical evidence showing that the officers involved disproportionately stopped and cited Black motorists. She presented expert testimony demonstrating that the officer conducted field interrogations and issued citations to Black motorists at statistically significant higher rates than relevant benchmarks. Attorney White argued that all evidence should be suppressed as the product of a racially motivated stop.Through discovery, Attorney White obtained CJIS records that directly contradicted the officer's testimony. The officer claimed he initially ran the wrong plate number because a rear light was broken, but CJIS showed only the correct plate was ever entered. The Commonwealth offered no explanation for why the CJIS records failed to support the officer's account. The Court found this evidence cast doubt on whether the traffic infraction ever occurred and concluded the police had a different motive for the stop. In a significant application of Commonwealth v. Long, the Suffolk Superior Court granted the motion to suppress. The Court found that the Commonwealth failed to prove the traffic stop was not racially motivated. The Court ordered suppression of the firearm, derived from the racially motivated stop. The Commonwealth has appealed the Superior Court's decision. All briefs have been filed by both sides, and the Massachusetts Appeals Court will decide the case in the near future.

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John Doe was initially charged with Trafficking in Cocaine, Possession of Ammunition, and Possession of a Dangerous Weapon, following a traffic stop by the Charlestown police. However, laboratory analysis revealed the substance was not cocaine, and the trafficking charges were dismissed. Charlestown police then took out a new complaint charging Mr. Doe with Possession of a Counterfeit Substance. Attorney Anthony Annino, a 42-year veteran of the bar, handled the charge, which was dismissed when the Commonwealth was not ready for trial. Attorney Veronica J. White filed a motion to dismiss the ammunition charges against Mr. Doe, a Maine resident who had been lawfully traveling through Massachusetts. Attorney White argued that Massachusetts' firearm licensing scheme was unconstitutional under the U.S. Supreme Court's decision in New York State Rifle & Pistol Association v. Bruen. The Court agreed and dismissed the possession of ammunition charge. The possession of a dangerous weapon charge was dismissed after the Commonwealth answered not ready for trial. Every charge against Mr. Doe was dismissed without prejudice.

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Second Subsequent Gun Possession Charges Dismissed

In a recent turn of events, John Doe found himself facing serious charges. He was arrested on the allegation of being in constructive possession of a bag of guns. Such charges, especially when they are subsequent offenses, can lead to severe consequences if a conviction is attained. Attorney Veronica J White, representing Mr. Doe, astutely pushed for a probable cause hearing. This strategic move not only sought to challenge the basis of the arrest but also resulted in the commonwealth taking additional time to prepare their case. As the proceedings dragged on, the commonwealth failed to meet the stipulated timelines for indictment. Recognizing this lapse, Attorney White swiftly filed a motion to dismiss the case based on the timing oversight. The court acknowledged the delay, and as a result, the charges against John Doe were dismissed. This case highlights the pivotal role that a diligent and knowledgeable defense attorney can play in the outcome of criminal proceedings. About White & Associates, P. C.White & Associates is Boston’s premier criminal defense law firm specializing in firearms, narcotics, and violent crimes. With over 15 years of experience, the firm boasts a history of successfully defending cases in various areas of criminal defense. If you or a loved one requires top-notch legal representation, we're here to help. For a consultation with one of Boston’s leading criminal defense law firms, please fill out our contact page, or give us a call at 617 338-9507.

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Disclaimer: Past results do not guarantee future outcomes. Each case is unique and results depend on the specific facts and circumstances.