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Case Results

SUFFOLK COUNTY FIREARM CHARGES- DISMISSED

March 2024

Client was a young male with no prior criminal record, who was operating a vehicle in Boston when he was stopped by the Massachusetts State Police for alleged traffic violations.    It was late in the evening and the police determined that the Client and the two passengers had consumed alcohol and marijuana.   After some interrogation on the side of the road, the Client and passengers were each removed from the vehicle and searched.    The State Police found loaded firearms on each of the Client and his passengers.  Client was arrested and charged with Possession of a Firearm with FID and Carrying a Loaded Firearm. 

The Client was arraigned at BMC-Dorchester and held on a high cash bail and conditions of release, including the electronic bracelet and a restrictive curfew. 

Attorney Flaherty was retained by the family and was eventually able to get he bail reduced and the conditions of release vacated. 

Next, Attorney Flaherty  drafted, filed, and argued a Motion to Suppress Evidence.    Attorney Flaherty argued that although the initial stop of the vehicle was lawful, the police exceeded their lawful authority when they continued to detain and interrogate the Client, removed him from the vehicle, and searched him without reasonable suspicion or probable cause   The Court agreed and held that the Police conduct was constitutionally impermissible and suppressed the firearm from being introduced into evidence.   As a result, the case against the Defendant was dismissed by the Commonwealth.   

Practice area(s): Criminal Defense

Court: Dorchester 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.

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