Case Results
Defendant avoids conviction on a drug arrest
A police officer pulled over a car after he observed the car travel through a red light without stopping. The officer smelled marijuana in the car and observed that the defendant’s eyes were “glassy and his pupils dilated.” The defendant admitted to smoking marijuana earlier in the day. The police officer observed marijuana leaves and stems on the center console area of the car and recovered two bags of what he believed was marijuana from the car. The defendant was charged with possession of marijuana [M.G.L. C94 §34] and failing to stop for a red light. Although the defendant had a criminal record, Attorney McCarthy negotiated a disposition whereby the case would be dismissed provided the defendant abides by agreed upon conditions and does not get rearrested within eighteen months.
June, 2008
Case dismissed against defendant charged with larceny over $250.00
According to the police report, an employee of a local store stole a customer’s debit card and used it to purchase items totaling over $250.00. The establishment had video surveillance film of the defendant putting the debit card in his pocket and the defendant’s statement in which he admitted to the theft. The defendant was charged with larceny by using a credit card (M.G.L. c. 266 § 37B (b)) and larceny over $250.00 (M.G.L. c. 266 § 30 (1). Attorney McCarthy negotiated the immediate dismissal of the felony larceny count and the dismissal of the larceny by credit card provided the defendant does not get rearrested for one year.
June, 2008
The police responded to a local shopping Mall for a report of a disturbance in the area of one of the restaurants. The police approached the defendant and another person that, according to the police report, appeared to have “track marks” on their arms, were sweating profusely and acting in an excited manner. The police were aware of a history of drug use by the defendant. The police approached the pair and conducted a frisk of the defendant which led to the recovery of a hypodermic needle and syringe with Heroin in the needle cap. An inventory search of the defendant’s car uncovered a bottle of alcohol. The defendant was not twenty-one and was charged with being a minor in possession of alcohol and possession of heroin. At the time of the defendant’s arrest he was on probation for assault and battery, assault and battery by means of a dangerous weapon, assault by means of a dangerous weapon, operating after his license was suspended and possession of a class A substance. The probation department was looking to surrender the defendant and have the court enter guilty findings on these offenses and the new offense.
Charges of Operating Under the Influence to be Dismissed
On April 13, 2008, a police officer monitoring traffic observed a car followed by another car accelerate. The officer also heard the engines racing. Another officer observed one of the cars pass the other and formed the opinion that the cars were racing. The cars were pulled over. When the officer spoke with the defendant he smelled an odor of alcohol coming from his breath. During questioning by the officer the defendant admitted to having three alcoholic drinks over the course of the evening. The police administered field sobriety tests. According to the police report the defendant could not properly recite the alphabet, stumbled and swayed when he walked, did not successfully complete the one legged stand test and could not complete the walk and turn test. The defendant’s breathalyzer reading was a .18. The defendant was charged with operating under the influence of alcohol [M.G.L. c 90 §24(1)(a)(1)] and racing a motor vehicle [M.G.L. c 90 §24(2)(a)]. Attorney McCarthy negotiated a disposition resulting in the dismissal of the count of racing a motor vehicle. The charge of operating under the influence of alcohol will also be dismissed provided the defendant stays out of trouble and follows agreed upon conditions for one year.
April 2008
Felony Charge of Assault and Battery Dismissed on Trial Date
The complainant alleged that on September 26, 2007, the defendant and another man approached him and beat him with a wooden banister. According to the complainant, the pair struck the complainant numerous times in the area of his right shoulder, right waist and right thigh. The police observed the injuries to the complainant in these areas and took pictures of them. The defendant was charged with assault and battery by means of a dangerous weapon and faced a potential of two and one-half years in prison if he was convicted. On the day of trial Attorney McCarthy successfully moved for the dismissal of the charges against the defendant.
April 2008
Charges of Domestic Assault and Battery Dismissed
Police were dispatched to a residence as the result of an “abandoned 911 call.” Upon arriving at the residence the officers observed a woman, the reporting party, to be shaking, crying and visibly upset. According to the police report, a physical altercation occurred that resulted in the woman’s call to the police. The defendant was arrested and charged with domestic assault and battery and intimidation of a witness. The Commonwealth dismissed all charges against the defendant on the day of the trial.
March 2008
Felony larceny charge dismissed prior to trial
Defendant was charged with larceny over $250.00 and faced a potential sentence of up to 2 years in the House of Correction and up to 5 years in state prison. The police report alleged that the defendant wrote three checks with the knowledge that the account did not have sufficient funds for the payment of the check. The defendant had other similar charges pending in another court. The defendant also faced the possibility of probation surrender and up to 2 years in prison in another court. Attorney McCarthy negotiated the dismissal of the felony charge on the payment of restitution.
March 2008
Defendant Remains Free Following A Recommendation of Commitment From The Probation Department During a Probation Surrender Hearing
Defendant stood convicted of possession of heroin and was placed on probation. Terms of probation included receiving treatment for addiction, reporting regularly to probation and being subjected to random screenings. Defendant faced numerous surrenders due to failure to report and failure to submit to random urine samples. After a number of surrender hearings the defendant faced the potential to serve committed time. During the final surrender hearing the probation officer recommended that the judge commit the defendant to the house of correction for a period of three months. Attorney McCarthy successfully argued for the defendant’s freedom on the condition that he receive drug counseling. The judge followed her recommendation and the defendant was not incarcerated.
March 2008
Complaints charging resisting arrest and disorderly person dismissed
Police officers witnessed the defendant grab the arm of a woman as a crowd exited a popular restaurant. The pair engaged in a loud argument and the woman eventually broke free. The defendant was seen approaching the woman again and struck her with a closed hand in her left temple. The defendant, who appeared drunk, made a scene confronted police officers who were present and resisted arrest. The defendant was arrested and charged with resisting arrest, disorderly conduct and assault and battery. Attorney McCarthy negotiated the straight dismissal of the complaint charging resisting arrest and disorderly person. The count of assault and battery is to be dismissed in one year provided the defendant does not get rearrested on another offense.
March 2008
Defendant avoids conviction on two counts of assault and battery
As the result of a “911 call” the police responded to the defendant’s home. The defendant’s wife reported that the defendant was intoxicated and had been “drinking all day.” According to the police report, the defendant’s wife reported that he was “out of control” and that he had grabbed and twisted her arm. Two siblings were at the home and one tried to call “911” for assistance. The other individual successfully contacted “911” using a cell phone. The defendant was arrested and charged with two counts of assault and battery. The defendant had previous convictions and conviction on both counts could potentially result in a total of five years in the house of correction. Attorney McCarthy negotiated a disposition indicating that provided the defendant does not get re-arrested the case will be dismissed in one year.
February 2008
Charges of larceny by check and forgery dismissed against the defendant
The Commonwealth alleged that that the defendant committed three counts of larceny by check over $250.00, one count of larceny by check under $250.00 uttering a false check and forgery. The defendant faced a total of eleven years in prison if convicted on all charges. Also, if convicted of three distinct larcenies in the “at the same sitting of the court” the defendant could have faced being sentenced as a Common and Notorious Thief which provides for additional incarceration of up to two and one half years. Pre-trial investigation resulted in the dismissal of all of the larceny counts and the forgery charge on the day of trial.
January 2008
Case dismissed charging defendant with knowingly being present where heroin is kept
According to the police report, officers responded to a call for a “possible overdose of cocaine.” A police officer approached two individuals that “appeared to be under the influence.” The police described the parties as acting nervous, excited, sweating and continuously talking. The parties reported that they were chasing an individual who they believed needed medical assistance due to ingestion of a controlled substance, i.e., cocaine. The parties returned to their apartment. The police searched the home and found uncapped needles and a clear plastic baggie containing a substance believed to be heroin. All parties were arrested and charged with knowingly being present where heroin is kept or present. Attorney McCarthy negotiated the dismissal of the charges against the defendant.
January 2008
Charge of larceny by check over $250.00 dismissed prior to trial
The complaint alleged that the defendant committed larceny by check over $250.00 in the amount of $278.00. The defendant was served with notice of a probation surrender in another court alleging the larceny over as grounds for the surrender. The defendant faced a two year committed sentence in the event his probation was surrendered in the other court. Attorney McCarthy successfully negotiated the dismissal of the new larceny on the payment of restitution to the aggrieved party. The complaint was dismissed.
January 2008
Charges of Assault and Battery and Threats to Kill Dismissed Against Defendant Prior to Trial
According to the police report the complainant entered the police station and reported that she and her boyfriend had an argument earlier in the day and he kicked her out of the house. Upon her return to the apartment, the complainant stated that the defendant became upset again and threatened to kill her. The complainant informed the police that at this point she became upset and was in fear of him because of the way that he was acting. She claimed that the defendant kicked her out of the house again. A complaint issued charging the defendant with assault and battery and threats. A pre-trial motion to dismiss for the Commonwealth’s failure to establish probable cause for the complaint charging assault and battery was allowed. The threats complaint was also dismissed on the day the case was scheduled for a jury trial.
January 2008
Charges dismissed against defendant charged with domestic assault
Police responded to the apartment of a woman alleging that the defendant beat her up, threw a DVD player out of the window and smashed a car door window. Pre-trial investigation revealed that the complainant changed her version of the facts that led up to the incident. The judge dismissed all charges against the defendant on the trial date.
January 2008
Charge of Domestic Assault and Battery Dismissed and One Count of Possession of Herion To Be Dismissed
According to the police report the police were dispatched to a home to take a report of a past “domestic assault and battery.” The complainant informed the police that her boyfriend had been “shooting up heroin” earlier in the day because there were two needles on the coffee table in the living room where he was sitting. The complainant stated that during a verbal argument between the pair the defendant grabbed her by the arm and spit in her fact. The officers observed red marks over her eye. Officers approached the defendant who had left the home. The officers searched his wallet and found what they believed to be a packet of heroin. Our office filed a motion to suppress evidence and statements. On the day of the hearing the prosecutor dismissed the count of assault and battery. The count of possession of heroin was generally continued for one year. As long as the defendant stays out of trouble the count will be dismissed.
January 2008
Pre-trial Motions resulted in the dismissal of six felonies and one misdemeanor
A civilian witness claimed that a former employee committed two counts of larceny by check, two counts of forgery, two counts of uttering a false check and one count of larceny by a single scheme over $250.00 If convicted, the defendant could have received a maximum of up to ten years on each count on forgery and uttering a false check, up to five years on the larceny by single scheme and up to one year in jail on the larceny by check under $250.00. The defendant faced a total of 4 to 6 years in prison if convicted. Aggressive pre-trial investigation and successful litigation of motions resulted in the outright dismissal of all counts against the defendant prior to trial.
October 2007
Charge of Violation of Restraining Order to be Dismissed
The defendant was charged with violating a restraining issued weeks prior to the incident. According to the police report, the police pulled over a motor vehicle for a minor traffic violation. Based on inquiry by the officers it was determined that there was a restraining in effect requiring that the passenger have no contact with the driver of the car. Successful negotiation resulted in the dismissal of the charge after six months if the defendant does not get into any trouble.
Defendant Avoids Conviction on Two Counts of Assault and Battery
Defendant was on probation for assault and battery on a family member. While on probation the police responded to a call to her home for assault on two other family members. Despite being on probation for a similar offense, this office negotiated a disposition that will result in the dismissal of the case provided the defendant abides by conditions and does not get rearrested.
Sexual assault charge of indecent assault and battery dismissed against the defendant prior to trial
The complainant alleged that an unknown individual put both hands under her jacket and sweater and grabbed the undersides of her breasts while waiting in line at a large Electronic Super Store. Based on a physical description of the alleged perpetrator as a white male, stocky with dark hair, a warrant issued for the defendant's arrest. The defendant was charged with indecent assault and battery on a person over fourteen. If convicted the defendant faced a potential penalty of two and one half years in prison, registration with the Sex Offender Registry Board and subject to GPS surveillance. Attorney McCarthy successfully litigated a pre-trial motion to dismiss for the Commonwealth's failure to present probable cause relative to the identification of the defendant as the perpetrator. The case was dismissed prior to trial.
Defendant's Probation Terminated Following Final Surrender HearingThe defendant was convicted of Possession of a Controlled Substance and sentenced to probation for one year. While on probation, the defendant was rearrested and charged with assault and battery. According to the police report, the complainant and the defendant engaged in a loud verbal argument. The complainant alleged that the defendant threw objects at her striking her mouth. As a result of the new arrest and charge of assault and battery, the defendant faced having his probation surrendered on the drug offense and the possibility of incarceration. Following a final surrender hearing, the judge terminated the defendant's probation.
Felony charges of assault and battery by means of a dangerous weapon dismissed
The prosecution alleged that the defendant was involved in an altercation and that the defendant struck the complainant with a flashlight. According to responding police officers the incident was witnessed by three witnesses. The police arrested the defendant at the scene and charged him with assault and battery by means of a dangerous weapon. Aggressive pre-trial investigation resulted in the dismissal of the felony charge.
Plymouth man cleared of multiple sexual assault charges
The Commonwealth charged the defendant with three counts of sexual assault on two different victims. One of the victims was under fourteen years old. According to the police report, the defendant committed indecent assault and batteries on the victims at different times and locations. Attorney McCarthy successfully litigated pre-trial motions that resulted in the dismissal of one of the counts. Following a trial, the defendant was acquitted on the remaining two counts.
Defendant charged with reckless operation of a motor vehicle, Failing to stop for a Police Officer, Unlicensed Operation of a Motor Vehicle, Assault and Battery on a Police Officer and two counts of Assault and Battery by Means of a Dangerous Weapon. The prosecution alleged that the defendant assaulted a police officer during a traffic stop that resulted in a high speed chase through residential neighborhoods. Upon arrival at the defendant's home, the officer forced entry into the dwelling that resulted in a confrontation and the police officer pulling out his firearm. Our office filed a Motion to Dismiss the charges alleging that the police illegally entered the defendant's home to effect and arrest. A judge found that the police illegally entered the home. As a result of effective negotiations, the felony charges against the defendant were dismissed.
Two felony charges against a local woman dismissed
Defendant charged with two felonies of breaking and entering in the daytime with intent to commit a misdemeanor and larceny of property over $250.00. The prosecution alleged that the defendant broke and entered into a residence and stole a camcorder and camera. On the trial date, Attorney McCarthy succeeded in getting all charges dismissed. Threats charges dismissed.
Threats charges dismissed
Defendant charged with three counts of threats to commit a crime. The police report alleged that the defendant threatened to put a bullet in the complainant's heads. Successful negotiations led to the dismissal of all counts.
Misdemeanor motor vehicle charges dismissed against a local man
Defendant charged with operating after suspension and related motor vehicle violations. Attorney McCarthy succeeded in getting all criminal charges dismissed.
Probation Surrenders
Defendant charged with multiple probation violations as result of seventeen underlying charges including breaking and entering and receiving stolen property. Attorney McCarthy effectively negotiated a disposition that did not involve a committed sentence.
Probation Detention Hearing
Defendant faced detention based on an alleged new offense of assault and battery. Attorney McCarthy represented the defendant at the hearing and the judge found that the probation department did not meet its burden. The defendant was immediately released.
Motor Vehicle
Defendant charged with operating a motor vehicle without a license after the police pulled her over for multiple motor vehicle violations. Attorney McCarthy negotiated the dismissal of the criminal offense of operating after suspension.
Motor Vehicle
Police pulled the defendant over for a rejected inspection sticker. Initially investigation indicted that the defendant's license was suspended relative for an offense of operating under the influence of alcohol. As charged, the defendant faced a mandatory prison sentence. Attorney McCarthy negotiated a disposition that did not involve a committed sentence.
A Hamden County jury convicted the defendant for armed robbery, assault and battery by means of a dangerous weapons and malicious destruction of property. The court sentence the defendant to fifteen to twenty years in prison. Attorney McCarthy filed a motion for a new trial alleging a myriad of errors during the trial including ineffective assistance of trial counsel for trial counsel's failure to timely communicate with an expert that deprived the defendant of two viable defenses. The motion judge allowed the motion and the court reversed the defendant's conviction.
Juvenile
Juvenile defendant convicted for receiving a stolen motor vehicle. Attorney McCarthy successfully challenged the conviction and the conviction was reversed.
Parole Hearings
Our office represented a defendant sentenced to second degree murder for the killing of his wife's boyfriend. Following a parole hearing, the board voted to parole the defendant.
Withdrawal of Guilty Pleas
Defendant pleaded guilty to uttering a false prescription, forgery and receiving stolen property. Facing immigration consequences, Attorney McCarthy successfully litigated a Motion for a New Trial/Withdraw of a Guilty Plea. The Court allowed the motion and the conviction was vacated.