Q: Charged with gun possession; gun found in gym bag at previous residence.

A: First, I’m sorry to hear that you are being charged with a crime you didn’t commit. No attorney can give you odds of success. However, I’ve tried a number of gun cases with similar and worse facts and ended up with acquittals, so you definitely have a decent shot at walking away from this. It will probably require going to trial. Once you have an attorney you trust, with similar legal trial experience, work with that person to develop an exact strategy. Good luck and I hope you are successful.

A: Based upon the facts that you have set forth in your email, I believe that it would be difficult for the Commonwealth to directly tie you to the handgun. The Commonwealth would have to prove that you possessed the firearm. Absent any other information such as a video of you with the gun or witness testimony placing you with the gun, a conviction would be quite difficult.

A: Your case centers on the prosecution's ability to prove "constructive possession" under Massachusetts firearms law, which requires showing you had both knowledge of the weapon and the ability to exercise control over it. Massachusetts courts require prosecutors to establish beyond reasonable doubt that you knew the firearm existed in your bag and had the intention to exercise control over it - mere proximity to the weapon is insufficient for conviction. The fact that the gun was found on a different floor from where you resided, combined with your prior departure from the residence, creates substantial evidentiary challenges for the prosecution in establishing the control element.

Multiple defense arguments appear viable in your situation, focusing on the absence of exclusive control over the gym bag after your departure, potential access by other residents, and the fundamental question of knowledge. Massachusetts precedent in Commonwealth v. Albano established that when multiple individuals have access to an area where contraband is found, the prosecution faces heightened burdens in proving constructive possession against any single individual. Your defense strategy might emphasize the temporal gap between your occupancy and the discovery, creating reasonable doubt about when and by whom the weapon was placed in the bag.

We recommend thoroughly documenting your moving timeline, identifying all individuals with access to the residence after your departure, and investigating whether fingerprint or DNA evidence was recovered from the weapon. Massachusetts courts evaluate possession cases based on the totality of circumstances, with particular emphasis on factors like regular access, exclusive control, and demonstrable knowledge. The physical separation between your living area and the weapon's location, combined with your departure from the premises, creates substantial reasonable doubt that may prove sufficient for acquittal if effectively presented through proper evidentiary development and expert testimony.