Motions Prior to Trial

Each and every person’s constitutional rights must be protected in order for the constitutional rights of all persons to be protected.  What follows are some cases in which Attorney Gallagher’s clients have had success.

The defendant was charged with Trafficking in Cocaine.  Attorney Gallagher brought a motion to suppress evidence, arguing that the police had no probable cause to believe that the defendant possessed any drugs and thus the search of the defendant violated his constitutional rights. After a hearing in which the two police officers testified, the Judge agreed and granted the motion. Worcester Superior Court.

The defendant was charged with, among other things, six counts of improper storage of a firearm.  Attorney Gallagher brought a motion to dismiss the charges, arguing that the Grand Jury heard insufficient evidence to support them. While the defendant was in a room that contained the firearms, she did not own them (nor was she authorized to use them) and thus had no legal duty to secure them. The Judge agreed. Worcester Superior Court.

The defendant was charged with accessory after the fact of murder.  Attorney Gallagher brought a motion to dismiss the charge, arguing the evidence presented to the Grand Jury was insufficient to warrant the indictment. Taking a second look at the evidence, the Commonwealth agreed, and, in interest of justice, filed its own motion dismiss the indictment.  Worcester Superior Court.

Investigating a murder, the police interviewed the brother of one of the persons later charged in the crime.  The police asserted the brother provided misleading information.  Attorney Gallagher argued that the defendant’s statements, although false, did not meet the legal definition of the term misleading.  The Judge agreed.  Worcester Superior Court.

Shortly after the defendant was charged, he began serving a federal prison sentence.  Years went by with the prosecution taking no action on the State case.  Attorney Gallagher brought a motion to dismiss, arguing that the defendant had been denied his constitutional right to a Speedy Trial.  The Judge agreed.  Middlesex Superior Court,.

To effect a breaking and entering into a convenience store the alleged intruder threw a rock through the window of the store’s entrance door.  Attorney Gallagher argued that, according to the law, a rock – no matter how it might be used – cannot be a burglarious instrument; a rock is a rock, not an instrument.  The Judge agreed.   Worcester Superior Court.

After the stop of a motor vehicle, the police saw, on the center counsel, an unlabeled prescription pill bottle containing several white pills. On this observation, the police sought and received a warrant to search the car.  The search uncovered illicit narcotics.  Attorney Gallagher argued that because the identity of pills was unknown there was no probable cause to believe that the car contained illicit drugs and thus the search was unconstitutional.  The Judge agreed.  Worcester Superior Court.

Attorney Gallagher argued that the information provided in the criminal complaint was insufficient, on its face, to support the charge. The Judge agreed.  Worcester District Court.

It is critical to understand that some past success does not ensure future success.  Each case is unique, with its own strengths and weaknesses.  Each case turns on its own facts.