Case Results » 2007

  • 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.

  • 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.

  • 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.

  • 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.

  • Juvenile

    Juvenile defendant convicted for receiving a stolen motor vehicle. Attorney McCarthy successfully challenged the conviction and the conviction was reversed.

  • Convictions for armed robbery, assault and battery by means of a dangerous weapon and malicious destruction of property reversed and defendant received a new trial

    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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • Two felony counts of assault and battery by means of a dangerous weapon dismissed

    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.

  • 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.

  • 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.

  • Defendant's Probation Terminated Following Final Surrender Hearing

    The 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.

  • 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.