Being charged with a crime or even under investigation can be a nerve wracking and unsettling experience. Ensuring that you have an experienced and skillful Boston area lawyer looking out for your best interests every step of the way can be the difference between being charged with a crime and/or being convicted or even going to jail. Attorney Kathleen M. McCarthy has specialized in criminal law for over twenty-five years. She has represented clients in the Massachusetts Supreme Judicial Court, the Massachusetts Appeals Court and Superior Courts and District Courts throughout the Commonwealth of Massachusetts. Prior to establishing her successful defense practice, she was an Assistant District Attorney for Suffolk County covering all Boston areas including Chelsea, Dorchester, Roxbury, West Roxbury, Somerville, Charlestown, East Boston and Revere.
Attorney McCarthy’s vast trial experience ranges from district court cases including operating under the influence of alcohol or drugs, assault and battery, violation of restraining orders, and distribution of drugs to a variety of superior court cases including first-degree murder. Kathleen M. McCarthy travels to all areas of Massachusetts and fights for her clients through all stages of litigation. She has successful represented clients facing felony and misdemeanor charges at clerk’s hearings. She has also succeeded in preventing clients from being surrendered for probation violations. Attorney McCarthy meticulously prepares for trial and has recently secured not guilty verdicts for clients in cases including operating under the influence and domestic assault and battery. Click here to see her case results.
Facing the charge ofoperating under the influence [OUI/DWI] of alcohol or drugs can be intimidating and life altering. The potential loss of a driver’s license in addition to legal consequences can be life altering. Practically speaking, not being able to drive usually interferes with an individual’s ability to work and carpool children. Attorney McCarthy routinely navigates clients through this confusing process to determine the best approach for the individual client. She represents clients charged with first offense OUI and those charged with successive offenses. She has secured acquittals for clients who choose to go to trial. Whether you want to explore your options or take your case to trial call Kathleen M. McCarthy at 978-975-8060 and she will respond quickly and discuss your options and defense strategy.
Attorney McCarthy has also successfully represented clients who have been served with restraining orders. Although restraining orders are civil orders, having an experienced litigator on your side can be the difference between having the order issued or extended or terminating it immediately. Avoiding the issuance or extension of the order is critical to preventing the complaining party from accusing a defendant of a violation which is a criminal offense. In Massachusetts there are two types of orders that a Court can issue. One of them is a 209A restraining order and the other is a M.G.L. c. 258E. An order issued pursuant to 209A requires that the parties are related, roommates or have been involved in a substantial dating relationship. The standard that a complaining witness must establish is that he or she is in reasonable fear of immediate serious physical harm. It is important to have an experienced litigator on your side to demonstrate to the judge that the plaintiff is actually not afraid of the defendant but using the order to have the “upper hand” in a domestic situation such as child custody. This can be accomplished by introducing text messages, face book postings, emails and witness testimony. An order pursuant to 258E can issue without the parties being related. Chapter 258E provides the following three definitions of “harassment” warranting relief: (1)”3 or more acts of willful and malicious conduct aimed at a specific person committed with the intent to cause fear, intimidation, abuse or damage to property and that does in fact cause fear, abuse or damage to property”; or (2) a single act that “by force, threat, or duress causes another to involuntarily engage in sexual relations”; or (3) a single act that constitutes one of 12 enumerated crimes involving sexual assault, stalking, or harassment. Typically, plaintiffs proceed under the first paragraph. A successful defense to this type of order is often to present evidence proving that there were not three or more of the necessary acts and/or that any conduct was not malicious and/or aimed at the plaintiff. Attorney McCarthy’s experience in presenting evidence coupled with her attention to detail has resulted in good results in this area.
Attorney McCarthy has also developed unique trial strategies that have worked to acquit clients. For example, in a domestic violence situation in which a male defendant was charged with assault and battery on a female, Kathleen M. McCarthy presented a self-defense and defense of another case that resulted in a not guilty verdict for the male client. If you are looking for a local lawyer in Peabody, Lowell, Lawrence or Boston to work with you and present a defense designed to your particular case call Attorney McCarthy and she will get to work on your case immediately.
Litigating cases with clients charged with possession of controlled substances with intent to distribute [i.e., marijuana, cocaine, heroine and Prozac] and illegal possession of firearms requires knowledge of the current law and skill. In any case where a client is charged with a crime in which possession is an element that the Commonwealth must prove beyond a reasonable doubt the first thing that Attorney McCarthy analyzes is the stop, search and exit order if the offense took place in a vehicle. Kathleen M. McCarthy routinely files motions to suppress evidence in these types of cases. She has successfully litigated motions to suppress evidence that have resulted in the dismissal of gun and drug cases against clients in the district and superior courts. Some of these clients have avoided mandatory long sentences because of McCarthy’s diligent work and knowledge of the law. Her approach is unyielding and she researches and investigates every possible angle for a defense whether it is for a motion to suppress evidence or a trial.
Attorney McCarthy represents clients at Clerk’s Hearings, sometimes referred to as “show cause hearings.” Often, individuals get notice that there will be a clerk’s hearing at a local courthouse relative to whether a criminal complaint should issue against them. Securing a lawyer at this stage is critical. The prosecuting agency is required to demonstrate probable cause that the defendant committed a crime for a complaint to issue. There are a myriad of arguments that an experienced attorney can make against having the complaint issue. Avoiding the issuance of the complaint all together can only happen at this stage. Waiting to hire a lawyer after the hearing is often too late. If you have received notice that there is a show cause hearing schedule for you, call Attorney McCarthy and make sure that everything possible is done to prevent the issuance of a criminal complaint.
Probation Surrender Hearings are another type of court proceeding that a defendant should not attend without outstanding legal representation. Unlike a trial, at a probation surrender hearing the probation department only has to demonstrate that one or more of the terms of the probation have been violated. The violations can range from not paying money to failing to complete a required course to not reporting to the probation officer. In the event a defendant is found in violation the probationer faces the possibility of serving the full amount of the sentence for which he or she is on probation for. In district court this can be for up to two years in prison. If you are facing a surrender hearing do NOT take it lightly. Attorney McCarthy has successfully represented clients facing probation surrenders and kept them out of jail even when the probation office is looking for a commitment.
If you have been charged with a crime or arrested for a felony or a misdemeanor, call Massachusetts criminal defense Attorney Kathleen McCarthy now at 978-975-8060 or click here to send an email. Time is not on your side-she will respond quickly to speak with you and your loved ones.