Not Guilty Verdict in Superior Court Jury Trial Spares Client Mandatory Prison Sentence
Brett D. Lovins obtained a complete acquittal for his client after a four-day jury trial in Middlesex Superior Court.
Brett’s client faced seven serious gun possession charges carrying a mandatory prison sentence if convicted. At trial, the defense challenged a central flaw in the prosecution’s case: whether his client — a wheelchair-bound quadriplegic with severely limited manual dexterity — could actually exercise possession or control over the firearms and ammunition as alleged. The firearms, for instance, were each unloaded and either disassembled or secured in a combination-locked safe which required fine motor skills to even access. The defense also elicited testimony that they belonged to another individual, further undermining the Commonwealth’s theory of possession.
In the end, the jury did exactly what the system asks of it: listened carefully to all of the evidence, critically evaluated the Commonwealth’s case in light of its burden, and unanimously reached in this case a just result.
Congratulations to Brett on another trial victory and, most importantly, to his client, who can move forward with his life and his freedom intact.
Not Guilty Verdict in Jury Trial Avoids Mandatory Jail Sentence for Client
Attorney Brett D. Lovins obtained an acquittal for his client accused of serious OUI charges after a jury trial in the Malden District Court. Jurors returned their unanimous verdict for the defendant after deliberating for less than an hour. At trial, the government relied heavily on perceived odd behavior at the scene following a car accident. The evidence presented by the defense, however, demonstrated that the behavior stemmed from a head injury sustained when the client struck the windshield during the accident—not from intoxication. The Not Guilty verdict preserves the client’s freedom and ability to maintain full-time employment.
Suppression of Firearms Discovered During Illegal Police Search at Casino Leads to Dismissal of Felony Weapons Charges
Brett Lovins successfully moved to suppress firearms discovered during an illegal police search of a motor vehicle parked at a casino. The Malden District Court held an evidentiary hearing and determined the Defendant’s consent for officers to search the vehicle was involuntary and the product of coercion. After the firearms were suppressed from trial, the Commonwealth was unable to proceed with prosecuting Brett’s client and the case was dismissed.
Day of Trial Case Dismissal Due to Lack of Necessary Evidence
Brett Lovins successfully obtained a dismissal on the day of trial for his client accused of drug possession when the Commonwealth failed to produce the necessary evidence to prove its case. Brett compelled the Commonwealth to conduct laboratory testing of the alleged drugs involved in the case, which revealed they were not controlled substances. The charges originated in the Malden District Court.
Case Dismissed Prior To Trial
Brett Lovins obtained a pretrial dismissal for his client accused of domestic assault and battery when the Commonwealth failed to locate a necessary witness to prove its case. The charges originated in the Malden District Court.
Pretrial Probation Preserves Client’s Clean Record
Brett Lovins negotiated a favorable resolution to his client’s criminal case that avoided a conviction and allowed her to maintain a clean record. The case originated in the Malden District Court and involved a felony weapons offense.
Case Dismissed Prior to Trial Due to Witness Credibility Issue
Brett Lovins obtained a pretrial dismissal for his client accused of violating a restraining order after Brett’s investigation revealed the Commonwealth’s necessary witness was not credible. Brett alerted the prosecutor that the witness had fabricated the allegations against his ex-wife for financial reasons. The witness later recanted his initial statement to the police. The charges originated in the Malden District Court.
Case Dismissed Prior To Trial Due to Lack of Essential Evidence
Brett Lovins obtained a pretrial dismissal for his client accused of drug possession when the Commonwealth failed to produce the necessary evidence by the court-ordered discovery deadline. The charges originated in the Woburn District Court.