The police report alleged that officers responded to a home as the result of a “female reporting that her husband (and eventual defendant) was beating her.” Upon the arrival of the officers the complainant/wife told the police that the defendant “pushed her numerous times” while she was holding their young daughter and she pushed to the ground. The police officers observed a minor abrasion and a small cut on her left hand and finger. A telephone call made by the upset wife was cut off and the police believed it was the husband preventing his wife from calling for help.

The officers spoke to the defendant who claimed that his wife was the aggressor and slapped him in the face. The defendant was handcuffed and taken to the police station and charged with domestic assault and battery and intimidation of a witness. The wife got a 209A restraining order against her husband that afternoon.

Attorney McCarthy was contacted immediately by the family. On the day of the arraignment the 209A restraining order was vacated by the wife. Attorney McCarthy conducted interviews and guided the defendant through the process and the case was dismissed by the Commonwealth on the first return date to court.

The defendant was on probation for two years following a plea to assault and battery. Attorney McCarthy was contacted when his probation officer continued to serve notice of probation surrender on the defendant despite the fact that the defendant maintained that he NEVER violated the terms of his probation. With approximately one month left on his probation, the defendant received notification that his probation officer was surrendering him for failure to complete a program and failing to report.

Attorney McCarthy worked diligently to demonstrate to the probation officer that the defendant met his obligations relative to attending a program. However, the probation officer still moved to surrender based on the fact that the defendant missed one meeting. On the day of the hearing, the probation officer recommended that the defendant be committed to jail for his failure to report to his probation officer on a designated day. Attorney McCarthy presented mitigating circumstances explaining the defendant’s failure to report in person to this probation officer and the judge simply told the defendant to continue to report. The defendant’s probation is still scheduled to terminate as planned in a few weeks.

The police claimed that the car that the defendant was driving sped past their cruiser that was escorting an ambulance at a speed of over ninety miles per hour. Attorney McCarthy conducted an extensive interview with the defendant. She outlined in detail the client’s impressive background and lack of criminal record to the judge and Assistant District Attorney. After hearing Attorney McCarthy’s arguments, the judge agreed to dismiss the criminal offenses provided the defendant completes community service hours.

The police pulled a car over based on erratic driving. Upon speaking with the operator they smelled an odor of alcohol emanating from the defendant and noticed that his speech was slurred. Based on initial observations they requested that he perform field sobriety tests which, in their minds, he failed. They ultimately arrested the motorist and charged him with operating under the influence as a second offense. The client’s first offense was from over ten years previous to his current arrest. Attorney McCarthy’s office successful argued to have this second offense treated as a first offense.

The police were called to a home because of a report of a fight that left a person with a stab wound. When the police arrived they interviewed a number of individuals at the scene. The occupant of the home, and the defendant’s brother, claimed that the defendant came to his home and attacked him with a knife. Despite the fact that the defendant was the one with a knife injury to the inside of this hand, the police arrested the defendant and charged him with assault by means of a dangerous weapon to wit a knife and assault and battery.

Attorney McCarthy investigated the circumstances surrounding the case and prepared for trial. Based on the injuries to the defendant and independent eyewitness accounts prepared to prove that the defendant was actually the victim and was acting in self-defense. The District Attorney’s Office was NOT ready for trial. Attorney McCarthy answered ready for trial and moved for a dismissal of all charges. The judge allowed the motion and all charges against the defendant were dropped.

The police alleged that the young client left the scene after colliding and causing damage to a few motor vehicles parked on a public way. The client was summonsed for a clerk’s hearing. Attorney McCarthy conducted investigation and client interviews prior to the hearing date and avoided the issuance of the criminal complaint against the defendant.

According to the police report, a young mother called the police in a panic claming that a male driver [defendant] followed her vehicle, in which she had her two young children. The complaining witness reported that the defendant was beeping the horn to his vehicle while hanging out of the window and yelling. She also alleged that the defendant waved a weapon at her car and threatened to kill her.

The distraught motorist called the police. After interviewing her, the police approached the client. Prior to retaining defense counsel, the defendant was summonsed for a clerk’s hearing. Following the hearing in which the defendant represented himself, a criminal complaint issued for threats to commit a crime to wit to kill.

The defendant ultimately retained Attorney McCarthy to represent him. Attorney McCarthy investigated the facts surrounding the case and conducted client meetings. Although the client was in his early twenties with no prior record, the District Attorney’s Office initially believed that a guilty finding should enter for the defendant. Clearly, a guilty find may have potential consequences for the defendant. Attorney McCarthy engaged in thorough negotiations with the police department and the District Attorney’s office and the case was eventually disposed of without a criminal conviction for the defendant. Provided the defendant does not get rearrested and fulfills a few obligations the case will be dismissed. The defendant will not have a criminal conviction on his record.

The plaintiff contacted Attorney Kathleen McCarthy ‘s office inquiring about how to protect herself from a former boyfriend who was incessantly sending her text messages and voice mails. The client was not sure whether to apply for a 209A restraining order or a Harassment Prevention Order pursuant to M.G.L. 258E. After lengthy discussions and reviewing the case, Attorney McCarthy determined that based on the facts, the burden would be met if she applied for a Harassment Prevention Order. Attorney McCarthy accompanied the plaintiff to the hearing and the judge issued a Harassment Prevention Order. The relieved plaintiff left the court with the order in hand.

If you are looking for a Massachusetts Restraining Order lawyer contact Attorney McCarthy on line or at 978-975-8060. She routinely appears in Boston area court houses including Lawrence, Lowell and Peabody representing plaintiffs and defendants in 209A retraining order hearings and Harassment Prevention hearings.

A police officer pulled a car over for speeding. For no apparent reason, he ordered the occupants out of the car and searched the vehicle. During the search he found illegal inhalants in luggage. During the clerk’s hearing Attorney McCarthy pointed out that because the substance was not currently being “inhaled” no crime had been committed. The Clerk and the Police Prosecutor agreed and no charges were issued against her client.

A neighbor made a report to the local police claiming that the defendant exposed himself in his apartment window when a group of neighborhood children were outside playing. Based on this complaint, a detective conducted interviews and a description of the alleged perpetrator was given. The complainant failed to identify the client/defendant in a photo array. During the hearing, Attorney McCarthy argued vehemently for her client’s innocence and the clerk declined to issue the complaint against the defendant.

The client’s former wife (plaintiff) applied for an emergency 209A restraining order following an argument with the defendant. During the argument, the defendant accused his ex-wife of drug use. The insulted spouse called the police and reported that the defendant had assaulted her. The defendant was not charged with a criminal offense.

The following evening the plaintiff applied for an emergency 209A restraining order, claiming that the defendant struck her the previous evening. The order prevented the defendant from spending time with his nine year old son. The defendant contacted Attorney McCarthy who interviewed witnesses and prepared for the evidentiary hearing on short notice. Through cross examination of the plaintiff and her witness coupled with the presentation of witnesses Attorney McCarthy was able to demonstrate that the plaintiff was NOT in fear of immediate serious physical harm. The judge vacated the 209A restraining order and the client was able to see his child that day.

According to the police report, the police saw a man “urinating” in front of a business establishment. The officer claimed that he heard the individual reference “cocaine” (an illegal class “B” substance) when they approached him. The police searched the suspect and found what they believed to be a vial of cocaine, in his pocket. He was arrested and charged with being a disorderly person, apparently due to the public urination, and illegal possession of a class “B” substance. Attorney McCarthy negotiated a disposition in which the case will be dismissed in three months provided the defendant satisfies certain conditions and does not get rearrested. The client did not admit to sufficient facts and the client was able to keep his job!

According to the police report, the police responded to an auto body shop on a report of a man with a gun. Upon their arrival, an officer observed an employee of the shop pointing at a man claiming that he had pointed a gun at him. A police officer claimed that he saw the gunman walk away from a parked white truck and ordered other officers to pull the truck over. Officers searched the truck and found a loaded firearm in the glove compartment. The driver, defendant, was charged with illegally carrying a firearm and possession of ammunition. If convicted, the defendant faced a mandatory sentence of eighteen months in jail on the firearm and an on and after sentence on the ammunition count.

Attorney McCarthy filed a number of pre-trial motions including a motion to suppress statements and a motion to suppress evidence. On the day of trial Attorney McCarthy was prepared to fight the charges. The District Attorney’s Office proposed a disposition whereby the felony firearm charged would be reduced to a misdemeanor possession charge and the defendant would avoid the possibility of any conviction and NO jail time. Ultimately, the case was continued for two years and the client did not have to pay any fees, did not have to report to probation and could move to another state. As long as the defendant does not get rearrested the case will be dismissed.

The defendant had a restraining order that prevented him from contacting his wife (plaintiff). After being served with the 209A restraining order the Commonwealth alleged that the defendant sent two text messages to his spouse. Attorney McCarthy thoroughly investigated the case and extensively conferenced the case with the District Attorney’s Office. Although the defendant had previous criminal entries on his record, Attorney McCarthy was able to negotiate a disposition whereby the case will be dismissed in two years provided the defendant satisfies certain conditions and does not get rearrested.

The police chased a motor vehicle and the two occupants ran from the car. The client, passenger, was ultimately apprehended. The car in which the young men were in had recently been stolen and the joy ride quickly turned ugly. Both were charged with a felony count of receiving stolen property.

Attorney McCarthy conducted negotiations with the District Attorney’s Office. The Commonwealth ultimately agreed to continue the case for one year and ordered restitution and counseling for the client. The client did not have to admit to any facts. Provided he does not get in any trouble in one year and performs the above mentioned conditions the case will be dismissed.

According to the police report, based on numerous complaints of citizens Detectives investigated a local area for individuals performing oral sex in a public place. One of the detectives happened upon a pair of males engaged in oral sex off of a well traveled path. The pair was arrested and both were charged with lewd and lascivious conduct. Attorney McCarthy negotiated a disposition whereby the case will be dismissed in one year provided the defendant stays out of trouble. The client did NOT have to make any admission and will not face ANY sex offender registry consequences.

The out of state client contacted Attorney McCarthy’s office because he was unable to renew his license due to the fact that he had an outstanding OUI case in Massachusetts from thirty years ago. After determining that the arresting officer was still available, Attorney McCarthy filed a motion to suppress evidence. During the hearing it became clear that the arresting officer could not identify the defendant as the driver of the car. The District Attorney’s Office entered a Nolle Prosequi.

Before a concert police officers approached a car in the Comcast Center parking lot and claimed that they saw the three occupants popping pills. The curious cops questioned the driver and his passengers at which time they claimed that they saw pills on the driver’s lap. One of the occupants stated that he believed the pills were “ecstasy” and none of them made it to the concert. All of the disappointed concert goers were arrested. Attorney McCarthy interviewed the clients and negotiated a disposition whereby the cases against her clients were dismissed on the day of the arraignment without having to admit to any facts.

The defendant, a successful businessman, was arrested and charged with domestic assault and battery on his live in girlfriend following a dispute in their home. Following a family party, the complaining witness alleged that her boyfriend pulled her shirt and hair. She further alleged that he pushed her on the bed twice and blocked the door of the bedroom so that she could not leave. According to the police report, when she left the house she slipped on some ice and was treated at the hospital for injuries. The defendant was arrested and in addition to facing criminal charges a 209A restraining order was lodged against him.

Attorney McCarthy conducted extensive investigation relative to the circumstances that led up to the defendant’s arrest. The District Attorney’s Office ultimately agreed to continue the case for a period of time and provided the defendant does not get rearrested and abides by certain conditions the case will be dismissed.

July 2012

Attorney McCarthy Successfully Prevents The Extension Of A 209A Restraining Order

The plaintiff and the defendant dated for approximately ten years and had a six year old daughter together. Following a drop off of the child to her father the plaintiff (mother) went to the local police and claimed that the father had threatened to harm her. The father (defendant) contacted Attorney McCarthy immediately and she began interviewing witnesses.

After investigation and interviewing witnesses, Attorney McCarthy appeared in Court prepared to fight for her client. Attorney McCarthy effectively cross-examined the plaintiff, presented witnesses and argued the law. Following the evidentiary hearing, the District Court Judge declined to extend the 209A restraining order.

Felony Count Of Possession Of A Controlled Substance With Intent To Distribute

Police officers pulled a car with teenagers in it over thirteen minutes after receiving a call that a resident found some alcohol at the end of their property. The police speculated that the package had been dropped off by some teenagers to be picked up at a later time. After pulling over a car that happened to be driving down the same street, the police had the driver submit to a portable breathalyzer test, which the driver passed. The police eventually ordered the passengers out of the car and ultimately searched the defendant’s purse. The police found marijuana and money in the purse. Following the filing of a motion to suppress evidence and a motion to suppress statement, the case was dismissed and the defendant avoided the possibility of being convicted of a felony.

Attorney McCarthy Negotiates Withdrawal Of An Application For Complaint Prior To A Clerk’s Hearing

The plaintiff and the defendant were involved in a personal relationship. Following the break up the plaintiff alleged that the defendant committed forgery and larceny. Attorney McCarthy and the plaintiff’s attorney were able to settle the dispute without having to appear in front of a Magistrate.