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Man Released Due to Dookhan Controversy Re-Arrested

9mm.jpgA Quincy man who was recently released due to the controversy in processing criminal evidence by chemist Annie Dookhan, was re-arrested over the weekend along with another suspect, according to the Suffolk County District Attorney.

Police initially pulled over the vehicle due to its expired inspection sticker. They discovered that the driver was operating without a license. During a subsequent routine inventory search of the vehicle, police allegedly found a stolen 9mm loaded handgun.

The 27 year old driver was subsequently charged with receiving stolen property over $250, unlawful possession of a firearm, unlawful possession of ammunition, operating a motor vehicle with a suspended license, and driving without an inspection sticker. He additionally faces charges as a Level II armed career criminal, based on separate convictions in 2006 for distribution of a Class B substance and possession with intent to distribute a Class B substance. The charges against the 31 year old recently released man were not reported.

The second suspect was convicted of trafficking cocaine in 2011, but the case was subsequently dismissed due to misconduct allegations against a former Department of Public Health chemist, who has since been indicted for malfeasance at a state drug testing facility.

Although there are several reported charges, perhaps the most serious are those relating to unlawful possession of a firearm.

In Massachusetts, a conviction for unlawful possession of a firearm can carry stiff penalties. A first time offender faces a mandatory minimum of 2.5 years in prison, with a maximum 5 year sentence, or a mandatory minimum of 18 months in a jail, with a 2.5 year minimum.

Additionally, subsequent convictions carry increasingly longer mandatory minimum sentences, as follows:

  • Second Offense– mandatory minimum of 5 years in state prison, up to 7 year maximum
  • Third Offense– mandatory minimum of 7 years in state prison, up to 10 year maximum
  • Fourth Offense– mandatory minimum of 10 years in state prison, up to 15 year maximum

This is worth noting because the suspect who was recently released has at least one prior conviction for unlawful possession of a firearm, and one charge for unlawful possession of a sawed off shotgun.

Laws pertaining to the carrying firearms are very strict and aggressively policed in Massachusetts. If you have been charged with a crime such as the Unlawful Carrying of a Firearm, you need an attorney with the specialized knowledge of gun laws in Massachusetts. As this area of the law is very complex and laws vary state-by-state, only a relentless Massachusetts criminal defense attorney will have the skill and resources to help you understand and fight the charges against you. With over 18 years of experience, Attorney Patrick J. Murphy has the tactical skills and courtroom know-how to construct the most aggressive defense for your Unlawful Carrying of a Firearm case or Massachusetts firearm law violation case. Contact us today in order to schedule a free and confidential consultation regarding your case. You can reach us by calling 617-367-0450 or through this website.

More Blog Posts:

Boston Police Execute “Molly” Sting Operation, Boston Criminal Defense Lawyer Blog, published September 12, 2013
“Molly” Found During Drug Arrest, Boston Criminal Defense Lawyer Blog, published September 5, 2013