POSSESSION OF ILLEGAL FIREARM - CASE DISMISSED
March 2025
Client was a rear seat passenger in a motor vehicle, which was stopped by the Massachusetts State Police for speeding. The Trooper allegedly observed furtive movements of the rear passengers as in the vehicle was pulling over. The Trooper questioned all the occupants as to their identity and learned that two of the four occupants had pending gun charges. The Trooper eventually ordered all the occupants from the vehicle and searched the vehicle, finding a loaded gun in the purse of the female passenger seated next to our client. Our client and the female were both with charged with possession of the gun, despite the gun being in the female's purse.
Attorney Flaherty reviewed the State Trooper's Body Worn Camera and Dash Camera footage and filed the appropriate Motion to Suppress Evidence. The Motion was litigated in Quincy District Court and the Court agreed with Attorney Flaherty, finding that the exit order and subsequent search of the vehicle by the police exceeded what was constitutionally permissible. All illegally obtained evidence, including evidence of the gun, was suppressed as to the client.
The district attorney's office was forced to dismiss charges against our client.
Practice area(s): Criminal Defense
Court: Quincy District Court
David Flaherty
Massachusetts Criminal Defense Attorney - Law Firm
David Flaherty
Attorney Flaherty has the education, experience, and background to get results. Each and every day, Attorney Flaherty aggressively scrutinizes the conduct of the police, investigates each and every component of every case, and challenges the contentions of the prosecuting attorneys. When you are charged with a crime or are the subject of a criminal investigation, accept nothing less than excellence in criminal defense. Call Attorney Flaherty today for a free consultation and let him prove to you how he will fight to win your case.
Education
New England School of Law
Fairfield University
Boston College High School
Legal Involvement
Quincy Bar Association – Former President
National Criminal Defense Attorney Association
Massachusetts Bar Association
Attorney Dave Flaherty was born and raised in Quincy Massachusetts., where he continues to operate his law practice. He is a 1989 graduate of Boston College High School and 1993 graduate of Fairfield University. He then continued his education at New England School of law, which he attended with his two brothers, both of whom are lawyers and Quincy Police Sergeants.
Upon graduation from Law School, David worked at very busy established Law Firm, located in Quincy Center, where he gained experience in handling a variety of cases, including criminal defense, divorce, personal injury and landlord /tenant matters. He also worked as a Hearings Officer at the Massachusetts Division of Employment and Training.
In 2020, David opened the Law Office of David V. Flaherty. He specializes in criminal defense and with assisting clients either applying for or defending against the issuance of restraining orders (209A) and harassment orders.
Dave currently lives in the South Shore with is wife and three children, Charlie, Abby and Emma. In his spare time, he loves golfing.
