Earlier this week people reported hearing gunshots being fired in a downtown Framingham, Massachusetts neighborhood. Responding officers found Carlos Montes and another man running away from the crime scene. The police followed Montes into a garage and saw him drop an object in a trash barrel. Montes was apprehended fleeing the garage. Police located a semi-automatic pistol with a large capacity magazine. Montes has been charged with illegal possession of a large capacity firearm, discharging a firearm within 500 feet of a dwelling, disturbing the peace, resisting arrest and unlawful possession of ammunition. He was already facing unrelated gun and drug charges. All cases are pending in the Framingham District Court.
This article is unclear as to what type of firearm Montes is accused of possessing this time. If it is simply a firearm there is a maximum five year state prison sentence with a minimum mandatory eighteen month house of correction sentence. There is no parole eligibility until at least eighteen months of any sentence has been served. It is suggested however that this case is more severe. If the weapon seized is a machine gun Montes faces a sentence of up to life in prison. While it is unlikely that he would be sentenced that high on a case like this it would not surprise me to see this case prosecuted in the Superior Court. This is due not only to the nature of this firearm but also the fact that Montes had a pending gun case at the time.
Attorney Stephen Neyman is a Massachusetts Firearms Defense Lawyer. Our office defends all crimes in state and federal courts throughout the country. We have successfully represented people accused of possessing and carrying firearms on countless occasions. We can be contacted at 617-263-6800 or online. We are available 24 hours per day 7 days per week. Call us now to discuss your criminal case.