February, 2010

Clerk Declines Issuing Complaint For Operating To Endanger Following Clerk’s Hearing

According to the police report, a local police department charged the defendant with driving to endanger, speeding and a marked lanes violation after locating a car that traveled off of the road on a rainy evening in early winter. The driver was not at the scene and later stated that he was driving within the posted speed limit. The road was a windy “country type” road. Following an investigation the police officer issued a citation “based on the physical condition of the vehicle, the weather conditions and the type of road.” Attorney McCarthy effectively cross examined the police prosecutor relative to the lack of evidence of “driving to endanger” and the clerk did not issue the complaint. The case will be completely dismissed in one year provided the defendant does not receive any further citations and is not charged with any crime(s).

February, 2010

District Court Judge Allows Attorney McCarthy's Motion To Dismiss Charges Against Defendant Charged With Leaving The Scene Of An Accident After Causing Property Damage

A civilian complainant reported that he was involved in a motor vehicle accident in Boston. The complainant described a motor vehicle that he alleged backed into his car causing damage to both cars. Based on the description of the car, the police charged the defendant with the criminal offense leaving the scene of an accident after causing property damage. Attorney McCarthy moved to have the charge dismissed because there was no identification of the driver of the car that allegedly drove into the complainant's car. Thus, there was no probable cause to charge the defendant with a crime. The judge allowed Attorney McCarthy's motion and the charges against the defendant were dismissed.

February, 2010

Felony And Misdemeanor Charges Dismissed Against Defendant In Case Of Alleged Domestic Violence

The local police responded to a “911” call for domestic violence in the Boston area. According to the police report, the police spotted the complaining witness making the call from a pay phone. She was not wearing shoes or a coat despite the cold winter temperature. The officers claimed that she was “visibly upset-shaking” and crying and informed them that her husband had “attacked her” and threw her to the ground. The defendant was arrested and charged with a felony count of assault and battery by means of a dangerous weapon and a misdemeanor count of assault and battery. After conducting pre-trial investigation Attorney McCarthy negotiated the case with the District Attorney’s office. The defendant’s wife asserted her marital privilege at a pre-trial hearing and all charges against the defendant were dismissed.

January, 2010

Case To Be Dismissed Against Defendant Charged With Resisting Arrest And Disturbing The Peace Prior To Arraignment

The police report alleged that the defendant was combative and unruly when asked to leave a downtown Boston bar. The defendant was ultimately arrested and charged with resisting arrest and disturbing the peace. If a defendant is arraigned on a criminal offense there is a risk that a potential employer, school or licensing board would know that he or she was charged with a crime even if the charges are eventually dropped or if the defendant is found not guilty.

The defendant was a post graduate student. Attorney McCarthy negotiated an agreement with the District Attorney’s Office in which the case would be dismissed after six months without the defendant being arraigned provided he stays out of trouble.

January, 2010

Felony And Misdemeanor Charges Withdrawn Prior To A Clerk’s Hearing

The defendant received notice of a clerk’s hearing for one felony count of assault and battery by means of a dangerous weapon and one misdemeanor count of assault and battery approximately two months following the alleged incident. The charges followed the arrest of an individual who eventually claimed to be a “victim.”

The case stemmed from a disagreement that, according to the initial police report, became physical. Ultimately, the charges against the defendant were withdrawn.

January, 2010

Domestic Abuse Case Dismissed Prior To Arraignment

Local police responded to a call for an incident of domestic violence at a place of employment. Upon arrival the police encountered two males; each one claimed that he was abused by the other. After interviewing the parties a decision was made to charge both with assault and battery. Attorney McCarthy explained the situation to the District Court Judge and the case was dismissed prior to the arraignment of either party. Consequently, there will be no record of the fact that either defendant was charged with a criminal offense.

January, 2010

Attorney McCarthy Negotiates Pre-Trial Probation For Felony Case Charging Open And Gross Lewdness

The police report alleged that a witness maintained that a male was seen “masturbating” in his car in a mall parking lot. The police pulled over the defendant’s car and questioned him. The defendant was calm and none of this clothing was in disarray. Although the defendant denied committing the offense, he was summonsed into court and charged with the sexual offense of open and gross lewdness in violation of M.G.L. Chapter 272 § 16. A conviction for this offense triggers sex offender registry consequences.

Attorney McCarthy engaged in successful negotiations with the District Attorney’s office and the defendant was placed on pre-trial probation for one year. As long as the defendant stays out of trouble for one year the case will be dismissed. The defendant did not have to admit to sufficient facts or plead guilty thus, he walks away from the case without a record.