Boston Criminal Defense Lawyer Blog

A little after midnight on June 15, 2009, the North Andover Police Station received a flurry of 911 calls reporting that two men were discharging rifles from a car on Waverly Road. According to The Lawrence Eagle Tribune Ahamad Hamdi, 18, and Kenny Ferreras, 17, were arrested after the police pulled over the car that they were driving in and charged the pair with possession of a dangerous weapon, disorderly conduct and disturbing the peace.

The Tribune reports that the shooting incident was the result of fall out from a disturbance at a N.H. club. The two teens were reportedly shooting from a paintball gun at the home of the third teen involved in the dispute. The pair will be arraigned tomorrow in the Lawrence District Court.

An experienced criminal defense attorney will be necessary to successfully defend against these types of crimes. Although all of the facts are not available at this time, it appears that examining the justification for the stop of the car is appropriate. Depending on the facts, the filing of a motion to suppress the motor vehicle stop and a motion to suppress any evidence confiscated as a result of the stop, search and seizure may be necessary.

In Massachusetts, in order for the prosecutor to prove possession he or she has to prove that the defendant had the knowledge of the item and had the ability to exercise dominion or control over the object. In situations, such as this one, where more than one person is charged with possession the Commonwealth often proceeds under a theory of constructive or joint possession. Having an experienced Massachusetts lawyer on your side is critical to a favorable disposition.