Our client was removed from the vehicle and the officer recovered the illegal firearm from under the passenger seat. Our client was arrested and charged with the illegal possession of a gun, a felony which has a mandatory jail sentence of 2 years.
After a careful review of the police report which described the gun and the location in which it was found, Attorney FitzGerald determined that because the car was not registered to our client and the gun was hidden in an area beyond the reach of our client in the driver’s seat, the charge should be dismissed as the firearm was not under his “custody and control.” He presented a Motion to Dismiss at the Superior Court and after a hearing, the motion was granted by the Judge and the case was dismissed