On October 18, 2010 Lynn Police officers responded to a report that someone was Selling Heroin at an apartment. They arrived to find a strong odor of marijuana and Modesto Cruz in the hallway of an apartment on Broad Street. Cruz saw the police and fled. He was caught. During a brief struggle police found a loaded Firearm, a knife and Marijuana. Cruz supposedly admitted that he had purchased the gun and was in the process of selling the weapon at the time the police arrived. The gun had been reported stolen from a car in Danvers. Bail was set at two thousand five hundred dollars which Cruz posted. The case is pending in the Salem Superior Court. Cruz has been charged with Felon in Possession of a Firearm.
So just how serious is this case? Massachusetts General Laws Chapter 269 Section 10G(a) states that anyone who has been convicted of a violent crime or serious drug offense and is subsequently caught in possession of a firearm faces a mandatory minimum three year state prison sentence. For the purposes of this statute a violent crime is defined as any crime punishable by imprisonment of at least one year and has the element of either force, threatened or otherwise, burglary or kidnapping, the use of explosives or conduct that presents a serious risk of physical injury to another. This wording of this statute is extremely broad and includes as predicates both adult and juvenile convictions.
There are ways to defend against charges such as these no matter how strong the evidence might seem. If you need a lawyer call us at 617-263-6800 or contact us online. Your defense should start now.