Gun and Drug Charges Dismissed

Client of Kilroy Law Firm Wins a Motion to Suppress Evidence in Rhode Island Superior Court

Providence, RI, 11 August 2022 — On June 24, a client represented by Attorney Noah Kilroy had their criminal case dismissed after winning a motion to suppress evidence. The case stemmed from an arrest conducted by the Providence Police Department early last year.

The Incident

According to a police report, the officer encountered the client at 6:47 PM on April 6, 2021, on Comstock Street. He saw the client’s gray Hyundai idling in front of the driveway of a home, at which point he decided to pull his police cruiser alongside it. The officer claimed that the client, who was inside the vehicle, turned his body away from the cruiser and started fumbling with an object on his right side. Based on this information alone, the officer confronted the client.

When he approached the client’s vehicle, he observed a plastic bag on the client’s lap. The officer believed it contained narcotics. He also noted that the client was breathing heavily. At this point, the officer asked the client to step out of his vehicle, and he complied.

During the stop, the officer suspected the client was nervous because he continued to look down toward his pants f. According to the officer, the client failed to comply during an initial frisk, so the officer decided to place the client in handcuffs. He conducted the frisk and, in the process, found a handgun in the client’s pocket. The officer then instructed another officer to remove the gun from the client’s pocket.

Following this discovery, the officer placed the client in the back of his police cruiser. While searching the vehicle, the officer didn’t discover any narcotics. However, he noticed the client moving around in the back of the patrol cruiser. When he returned to check on the client in his cruiser, the client said he had narcotics in his pocket. Upon searching the client’s right pocket, the officer found two clear bags with suspected drugs.

The Charges and Subsequent Trial

Upon arrest, the State of Rhode Island charged the client with carrying a pistol without a license and possession of a controlled substance. The first charge carries a maximum sentence of 10 years, while the second has a maximum of three years. In addition, the Court set an initial bond of $10,000. The case appeared before the honorable Judge Kristen Rodgers, and the client pleaded not guilty.

Based on the information provided in the police report, Attorney Noah Kilroy moved to suppress the evidence found on the scene. This included both the gun and the drugs.

Kilroy argued that the police officer performed an illegal stop and search with no legal basis. Upon cross-examining the arresting officer, the Court agreed with Kilroy. Since the Court suppressed the only evidence in the case, the State couldn’t meet the burden of proof. As a result, the Court dismissed the case.

This was a substantial victory for the client. During the proceedings, the State initially requested that the client serve one year in jail. Due to the excellent representation of Kilroy Law Firm, the client not only avoided life-altering felony charges, but also potential jail time.

About Kilroy Law Firm:

Attorney Noah Kilroy started his law firm to provide aggressive, yet affordable legal representation to clients throughout Rhode Island and Massachusetts. Before working as a criminal defense lawyer, Kilroy served as a government attorney for the City of Providence. This experience from the other side gives him invaluable knowledge about defending criminal cases.

Kilroy received his Bachelor’s degree from Salve Regina University and his J.D. from Roger Williams University. Kilroy is also a co-founder of the Transcending Through Education Foundation, a non-profit organization that gives scholarships to incarcerated individuals or those transitioning out of prison.

If you’re looking for an experienced criminal defense lawyer, call Kilroy Law Firm today. We’re available 24/7 to answer any questions you may have about your case.

Contact Information:
Kilroy Law Firm
127 Dorrance Street
Providence, RI 02903
(401) 855-9023