Despite Client Confession, Lawrence Firearm Defense Lawyers Secure not Guilty Verdict in Case Charging Felony Illegal Possession of Police Officer’s Stolen Gun

Jurisdiction: Lawrence District Court

Date: August 14, 2024

Erkan & Sullivan, P.C. recently secured the type of victory only their law firm can: a not guilty verdict in a case where our client was found in possession of a revolver – which had previously been “stolen” from a police officer.

Case Background: Police obtained a search warrant for our client’s car, finding a taurus .38 special revolver loaded with five rounds in the center console.  After the discovery, police confronted our client about the gun.  He confessed that the gun was his and that he bought it “on the streets” for his own protection. The gun had earlier been reported stolen by a Lawrence Police Officer.  It was his personal handgun that the Government claims was stolen while he was teaching a firearm safety class.

The client faced the following felony charges:

Count One: Receiving stolen property over $1,200

Massachusetts General Laws Chapter 266, Section 60

Penalty: Imprisonment in state prison for up to 5 years in state prison

Count Two: Carrying a firearm without a license

     Massachusetts General Laws Chapter 269, Section 10(a)

Mandatory minimum sentence of 18 months, up to 5 years in state prison

Count Three: Carrying a loaded firearm

Massachusetts General Laws Chapter 269, Section 10(n)

CONSECUTIVE sentence of imprisonment of not less than 2.5 years and not more than 5 years in state prison, or  imprisonment in a jail or house of correction for not more than 2.5 years.

Litigation: Most lawyers will tell you that a case with a confession is a case without a defense.  The attorneys at Erkan & Sullivan, P.C. believe otherwise.  The attorneys contested all aspects of the case, including moving to suppress or exclude the confession and the gun, arguing that the confession was improperly obtained, and the gun was discovered during an illegal search, respectively.  When those motions were denied, they argued that the entire prosecution violated our client’s Second Amendment right to keep and bear arms.  That motion, too, was rejected, leaving the only option on the table trial by jury.

Jury trial: Attorneys Erkan and Sullivan demanded trial by jury, where they put the government’s case under rigorous scrutiny.  They punished the police and prosecution, who stopped any further investigation after they got their client to take the blame for the gun.  Through vigorous cross-examination, we exposed the government’s failure to consider the circumstances of the statement and the possibility that our client may have had an incentive to take the fall for the gun.  By meticulously dissecting the case, we shone a light on every omission in the investigation, every unjustified assumption, and every shortcut police chose instead of the search for truth.  In the end, that the government would buckle under the weight of our relentless defense was inevitable.

Verdict:  The trial lasted began on August 13, 2024 and lasted two days, but jury deliberations were completed in under thirty minutes with an across-the-board acquittal.

Conclusion: This outcome underscores the importance of a thorough and aggressive defense, even in cases where a confession seems to seal the client’s fate. Erkan & Sullivan, P.C. stands ready to defend against the most challenging charges, including those involving illegal firearm possession, receiving stolen property, and related serious felonies.