Call on attorney Keren Goldenberg if you are charged with unlawful possession of a firearm. She can help protect you from the threat of mandatory minimum sentences.
Minimum sentences were put into practice in 1984 as a result of the Sentencing Reform Act. Unlawful possession of a firearm in Massachusetts has a minimum sentence of 18 months. If convicted, that means that a judge can rule no lower than the minimum — even if you’re a first-time offender.
Mounting a Defense in Cases of Unlawful Possession of a Firearm
The prosecution of firearm crimes is particularly stringent in Massachusetts, so it’s important to seek representation as soon as possible. Attorney Keren Goldenberg uses an effective strategy called “suppression of evidence” to combat charges of unlawful possession of a firearm.
Reasons to Suppress Evidence
Proving Possession — The state’s definition of “possession” is complicated. According to Massachusetts General Laws Chapter 269, section 10, unlawful possession of a firearm means: to be aware of and in control of a firearm, loaded or unloaded.
You might think possession of a firearm is limited to what you’re physically carrying, but it actually extends beyond that. For example, even if an unlicensed gun is kept in your safety deposit box, it is still “in your possession, and under your control.” However, if you unknowingly travel in a car with an illicit firearm, that does not count as possession under the law.
Unlawful Search — If you are searched by police without a warrant or probable cause, no firearms they gather can be submitted as evidence in court.
A recent win serves as a perfect example: in the Lowell District Court, attorney Keren Goldenberg successfully argued that police lacked reasonable suspicion to search her client. The loaded, unlicensed gun found tucked in the client’s waistband was rendered inadmissible as evidence. The judge ruled in Ms. Goldenberg’s favor, pronouncing the search constitutionally inadmissible. Ms. Goldenberg was able to save her client from a mandatory jail sentence.
Misconduct or Coercion by Police — Evidence obtained as a result of police misconduct or coercion is also vulnerable to suppression. The Fourth Amendment grants that the people have a right “to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures.” This right limits the power of police to search people and property without warrants.
Any evidence put forward by the police is susceptible to suppression. If a defendant files a motion to suppress, it falls upon the Commonwealth to prove that evidence was obtained legally.
Keren Goldenberg’s Experience and Expertise Will Work For You
Keren Goldenberg is well-known as an expert on suppression issues — not only in the courtroom but in the classroom as well. She lectures extensively to other lawyers in trainings and Continued Legal Education seminars. Prior to opening her criminal defense office, Goldenberg worked for twelve years as a public defender in New York City and Lowell, MA.
If you have been charged with the unlawful possession of a firearm, hire award-winning attorney Keren Goldenberg to step into the ring for you. Contact the office today for your free consultation: 617-431-2701.