Legal Question in Criminal Law in Massachusetts

My brother was charged with receiving stolen property and unlawful possession of a firearm. What happened was his friend broke into a house and stole a gun. The friend asked my brother to hide the gun for a day. My brother did and gave the gun back to the friend. The friend later asked another friend to hide it and that friend said no and told the police. The police went and picked my brother up and questioned him. My brother gave a written statement explaining exactly that.

The police have yet to find the gun or arrest the friend that did the B and E and stole it. I guess my question is, Were the police wrong arresting my brother? He is 17 and is being charged as an adult (first offense). And if they were in the right arresting him what do you think the penalty will be? And does anyone know a good gun defense lawyer with a good track record for this kind of thing? My brother is in the process of joining the Marines and doesn't want this to ruin his life.

FYI it will be Concord District Court.


Asked on 8/20/11, 4:24 pm

2 Answers from Attorneys

Your brother needs a good lawyer to fight this case. Entry into the marine Corps will not happen while criminal charges are pending or if he receives a conviction or continuance without a finding.

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Answered on 8/20/11, 4:31 pm
ERNEST BIANDO LAW OFFICE OF ERNEST T. BIANDO, LLC

The Police had the right to arrest your brother with the facts you presented. However, there are always questions as to his statement and other evidence which can play a major role in the defense of the charges. My office has represented numerous clients with similar charges and find that looking at all the evidence is best before making a decision as to a defense. 774-745-0562.

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Answered on 8/22/11, 7:08 am


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