There are many instances in which life can change in a split second – a car accident, an injury at work, or, perhaps most unsettling of all, being arrested. In any of these events, it is important to talk to a lawyer as soon as possible, but this especially true in the case of being accused of a crime by a police officer. A Cape Cod criminal defense attorney can explain your legal rights and help you defend yourself in court. In the meantime, it is very important that you not speak to police about your case. You do have the right to remain silent, and anything you voluntarily say can be used to convict you later on.
Facts of the Case
The defendant in a recent appellate case was a man whose mother was pulled over allegedly failing to display a valid inspection sticker. As the officer approached the vehicle, he noticed that the defendant – who was a passenger in the right front seat – was not wearing a seat belt. Intending to ticket the defendant for this offense, the officer asked the defendant for his identification. As the defendant was giving the officer his identification, a dark-colored object, which the officer believed could possibly be a weapon, fell between the car seat and the console. After backup arrived, the officer ordered the defendant to step out of the car, arrested him on unrelated but outstanding warrants, and searched the vehicle. A loaded .38 caliber snub-nosed revolver was found.
The defendant was charged with unlawful possession of a firearm and unlawful possession of a loaded firearm. At trial, the defendant’s mother testified that the gun was hers and that the defendant had no knowledge that it was in the vehicle. Nevertheless, the defendant was convicted on both charges. He appealed, alleging that the motion judge should have granted his motion to suppress the firearm, the evidence was insufficient to prove that the defendant was aware that the firearm in question was loaded, the prosecutor made comments in his closing argument that created a substantial risk of a miscarriage of justice, and the trial judge did not instruct the jury that the Commonwealth was required to prove beyond a reasonable doubt that the defendant knew the firearm was loaded.
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