Written By: Matthew W. Peterson
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When you’re facing criminal charges, especially serious ones involving firearms, it can feel like the world is closing in around you. That’s exactly how our client felt when he was charged with gun possession and conspiracy in Lowell District Court this past August. He was looking at a mandatory minimum of 18 months in jail, day for day, plus two felony charges on his record. Today, we’re proud to share that he walked out of that courtroom completely free, with a not guilty verdict on all charges and his record automatically sealed.
According to police reports, officers responded to a call at an apartment complex where someone claimed they had been threatened by two people with a gun.
Here’s an important detail: the victim described two specific people, and neither description matched our client.
When police arrived at the complex, they saw our client carrying a cross-shoulder bag. The officers said he appeared nervous, so they stopped and questioned him based on the earlier report about gun threats. Our client kept his bag with him the entire time during questioning and, according to the police, even sat on it.
Eventually, police searched the bag and found a gun inside. They also found something else crucial to our defense: identification cards belonging to a codefendant who was also present at the scene.
Before we even got to trial, we filed a motion to suppress evidence. This legal tool allows us to challenge whether police followed proper procedures when gathering evidence against our client.
We argued that our client was stopped illegally because he had no connection to the two people the victim had described. Police held him for over 30 minutes during their investigation – much longer than what’s legally allowed for a simple stop. We also argued that searching his bag was illegal, and that officers continued to question him even after he invoked his Miranda rights (his right to remain silent and have an attorney present).
Unfortunately, the judge only granted part of our motion. While the court suppressed our client’s statements to police (meaning they couldn’t be used against him at trial), the judge allowed the evidence from the bag search to remain. However, this motion wasn’t a loss – it gave us a crucial advantage. During the suppression hearing, we were able to cross-examine the police officers under oath, which helped us understand exactly what their testimony would be at trial and prepare our defense accordingly.
Our entire case centered on one key fact: there was absolutely no evidence that our client had ever touched that gun, owned it, or even knew it was in the bag.
The codefendant’s IDs in the bag strongly suggested it wasn’t our client’s bag at all. We argued that our client was simply carrying someone else’s bag temporarily, without knowing what was inside.
As for the police officers’ claims that our client acted nervously, we pointed out that nervousness can be explained by many factors. Being stopped and questioned by police is stressful for anyone. Additionally, our client may have known something was in the bag without having any idea what that something was.
We also had to address the conspiracy charge. Police claimed our client was involved in robbing the alleged victim. However, when we examined the evidence carefully, we found that the alleged victim never actually identified our client as being part of any robbery. In fact, the victim identified someone else entirely.
After hearing all the evidence, the jury agreed with our defense. They found our client not guilty on all charges.
Under Massachusetts law, this not guilty verdict means something incredibly important: our client’s case is automatically sealed. This means the charges don’t appear on his public record and shouldn’t show up on background checks. It’s as if the case never happened from a legal standpoint.
This victory demonstrates something we see over and over in our practice: even when a case seems impossible to win, a strong defense can make all the difference. The evidence against our client might have looked overwhelming at first glance, but by carefully examining every detail and challenging the prosecution’s assumptions, we were able to show the jury the truth.
Criminal charges, especially those involving firearms, carry serious consequences. They can affect your job, your housing, your family, and your future. That’s why it’s crucial to have an attorney who will take your case seriously and fight for you every step of the way.
If you or someone you know is facing firearms charges in Lowell District Court or anywhere else in Massachusetts, don’t give up hope. Every case is different, and every person deserves a vigorous defense.
We understand how frightening and overwhelming criminal charges can be. Our job is to stand between you and those charges, to examine every piece of evidence, and to make sure your rights are protected throughout the entire process.
Don’t let anyone tell you that your case is hopeless. Call the Law Office of Matthew W. Peterson today, and let us put our experience to work on your defense. You deserve an attorney who will fight for your freedom and your future.
Attorney Matthew Peterson is committed to providing aggressive, thorough defense representation for clients throughout Massachusetts facing criminal charges.
The Right Strategy to Win Your Criminal Case
Disclaimer: Although I am an attorney, I am not your attorney. Please do not rely on anything on our website as legal advice because any specific advice would depend on your situation. Any results posted on this page are not guarantees of outcomes in your case.
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(Cheap parking! We validate parking at 136 Blackstone St, Boston, MA 02109 (Haymarket, Parcel 7 parking garage), $3 for three hours.)
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The Right Strategy to Win Your Criminal Case
Disclaimer: Although I am an attorney, I am not your attorney. Please do not rely on anything on our website as legal advice because any specific advice would depend on your situation. Any results posted on this page are not guarantees of outcomes in your case.
Our Locations
Boston Office
(Cheap parking! We validate parking at 136 Blackstone St, Boston, MA 02108 (Haymarket, Parcel 7 parking garage), $3 for three hours.)
Salem Office
Quick Links