Case Results » 2008

  • Attorney McCarthy Successfully Litigates Motion to Suppress Evidence Resulting in the Dismissal of Two Counts of Illegal Possession of Controlled Substances/Initial Case

    According to the police report, a Massachusetts State Trooper pulled over a car for traveling too close to the car in front of it in the passing lane of the highway. The Trooper ordered the driver out of the car and conducted a frisk and searched him. As a result of the search the Trooper retrieved a round vile from the driver's front pocket and a metal screen with what he believed was "white powder residue" along its edges. Attorney McCarthy filed a motion to suppress claiming that the stop and search of the driver and the car were illegal and violated his right to privacy pursuant to the State and Federal Constitution. Following an evidentiary hearing, the motion judge allowed Attorney McCarthy's motion to suppress. The Commonwealth was left with no case and the charges against the driver were dismissed.

  • Charges of Assault and Battery and Assault and Battery By Means of a Dangerous Weapon Dismissed Against A Juvenile/Initial Case

    The police alleged that in a local school a juvenile engaged in a physical altercation against two other students. According to the police report, a verbal exchange escalated into fists being thrown. Apparently, there were "ongoing issues" between the parties. Two of the three students were charged with criminal offenses. A complaint issued charging the juvenile with assault and battery and assault and battery by means of a dangerous weapon. On the day of trial both juveniles asserted their Fifth Amendment privilege not to incriminate themselves and the charges were dismissed.

  • Charge of Receiving Stolen Property Dismissed Against Local Man/Initial Case

    The police alleged that the defendant committed receiving stolen property by possessing a computer that was stolen from a local high school. If convicted, the defendant faced the possibility of being sentenced to up to five years in state prison or to jail for not more than two and one half years. After reviewing the provided discovery materials, Attorney McCarthy believed that the state could not prove its case against the defendant. On the day of trial she moved to have the charges against the defendant dismissed. The judge allowed the motion and the case was dismissed.

  • Felony Larceny Charge Dismissed Against Defendant/Initial Case

    The police report alleged that the defendant stole a number of video games and related items from a local store. Charges issued accusing the defendant of committing larceny over $250.00. If convicted, the defendant faced the possibility of a sentence of up to two and one half years in jail. Attorney McCarthy moved for dismissal due to the fact that the Commonwealth could not prove its case. The court agreed and the charge against the defendant was dismissed.

  • Attorney McCarthy Negotiates Dismissal of Larceny Charge/Initial Case

    According to the police report, the defendant stole $21.00 from the complainant's purse when he was performing repairs for a local company. The complainant alleged that she left her purse in the area where the defendant was working and when she returned the cash was missing. The complainant reported the theft immediately and the defendant was charged with larceny under $250.00. If convicted, the defendant faced the possibility of a one year jail sentence. Attorney McCarthy negotiated a disposition whereby the case would be dismissed upon the payment of $21.00.

  • Three Felony Charges and Two Misdemeanor Charges Dismissed Against A Juvenile Pursuant to Attorney McCarthy's Motion to Dismiss For The Failure of The Commonwealth to Establish "Probable Cause"/Initial Case

    Complaints issued charging a juvenile with two felony counts of breaking and entering a building in the night time with intent to commit a felony, two counts of willful and malicious destruction of buildings and receiving stolen property with a value exceeding $250.00. The police sought a complaint against the defendant and others based on information provide by unnamed informants and unreliable hearsay. Attorney McCarthy filed a Motion to Dismiss claiming that the information submitted in support of the application for complaint was deficient. Specifically, she argued that these documents fell far short of establishing probable cause to charge the juvenile. Following a lengthy hearing the judge agreed and ordered the dismissal of all of the charges against the juvenile.

  • Charges of Larceny Over $250 Dismissed/Initial Case

    According to the police report three perpetrators committed a larceny of boxes of perfume valued at $500.00 from a Department Store at the North Shore Mall. The defendant faced up to two years in jail and up to a $25,000 fine if convicted. The report alleged that two of the perpetrator's entered the store and filled up bags with the merchandise. The pair fled to a waiting motor vehicle. Attorney McCarthy represented one of these defendants that allegedly took the merchandise from the store. According to the police, there was a video tape of the two individuals stealing the merchandise while in the store. The police investigation included reviewing the video tape and showing a single photograph of the perpetrators in the store to the security officer. Attorney McCarthy filed a motion to dismiss for lack of probable cause to charge the defendant, a motion to suppress the identification and joined on the co-defendant's motion to dismiss for the destruction of exculpatory evidence to wit: the videotape. The District Attorney's Office moved to dismiss the case against all defendants on the hearing date.

  • Charge of Indecent Assault and Battery to be dismissed/Initial Case

    According to the police report, the male defendant grabbed the crotch of the complaining witness who was attempting to escort the unruly defendant from a local hotel. The injuries to the complainant were significant. The prosecution alleged that the complaining witness missed approximately two weeks of work and sought treatment from an urologist for injuries stemming from the defendant's conduct. After hearing arguments from Attorney McCarthy and the prosecution to judge entered a disposition whereby the defendant will not have a criminal conviction as a result of the incident provided he fulfills agreed upon conditions.

  • Charge of Larceny Over $250 to be Dismissed/Initial Case

    A complaint charged the defendant with larceny over $250.00 alleging that the defendant stole company merchandise through the internet for a profit for a period of a few years. The defendant was an employee of the company that complained of the misconduct. The alleged amount of misappropriated merchandise totaled over $100,000.00. Despite the extraordinary value of the merchandise stolen, Attorney McCarthy negotiated a disposition whereby the defendant will not have any criminal record provided she fulfills agreed upon conditions.

  • Felony Charges Against Defendant Dismissed After Hearing/Initial Case

    The defendant was charged with a felony count of larceny as the result of a report of a theft of an I-pod from a parked car. According to the police report, the defendant matched the description of the perpetrator supplied to the police by an eye witness. Although not arrested at the scene, a complaint issued charging the defendant with larceny of property valued over $250.00. If convicted, the defendant faced the possibility of up to two years in jail or up to five years in state prison. Attorney McCarthy moved to have the charges dismissed due to the failure of the Commonwealth to establish probable cause that the defendant was the perpetrator. Following a pre-trial hearing, the judge dismissed the charge against the defendant.

  • Charges of racing a motor vehicle dismissed and charges of negligent operation of a motor vehicle and reckless operation of a motor vehicle to be dismissed/Initial Case

    According to the police report at approximately 8:50 p.m. an officer observed two vehicles traveling at an estimated speed of 90 miles per hour in a posted 50 miles per hour speed zone. The police officer reported that the two vehicles were side by side and determined that it was apparent that they were racing one another. The officer followed the cars and claimed that he "clocked the vehicles for over one half mile . . . in excess of 100 mph." Based on the officers observations both cars were pulled over. The defendant was charged with the criminal offenses of negligent operation of a motor vehicle and racing a motor vehicle. Attorney McCarthy negotiated the outright dismissal of the racing offense and the reckless operation offense will be dismissed provided the defendant fulfills agreed upon conditions.

    The defendant also faced a separate charge of reckless operation of a motor vehicle. A police officer claimed that that while monitoring traffic he observed a motor vehicle traveling at a high rate of speed. The officer claimed that the "radar unit" indicated that the vehicle was traveling at a speed of 86 miles per hour. The officer pulled the car over and the driver was charged with the criminal offense of reckless operation of a motor vehicle. Attorney McCarthy successfully argued to the judge that the sentence imposed should be the same as the defendant's other matter. The judge agreed and the offense of reckless operation will also be dismissed provided the defendant fulfills the agreed upon conditions.

  • Judge allows motion to suppress drugs which leads to dismissal of charge of possession of heroin/Initial Case

    A police officer pulled over a motor vehicle for allegedly traveling 30 mph in a 20 mph speed zone. The officer claimed that he observed the operator "slide down in his seat" and pull his hand from his pants. After running the operator's name it was determined that his right to operate a motor vehicle had been suspended by the registry of motor vehicles. Before placing the defendant under arrested the officer patted him down and did not feel anything suspicious.

    The officer speculated that because of the fact that the operator was dressed in "layered clothing" he may have been "concealing drugs." After the pair arrived at the local police station the officer conducted a strip search of the defendant. A white powder, alleged to be heroin and drug paraphernalia were confiscated from the defendant. The defendant was charged with possession of heroin.

    Attorney McCarthy filed a motion to suppress the drugs and related evidence maintaining that the officer did not have probable cause to conduct the strip search of the defendant. Following an evidentiary hearing, the judge allowed the motion. The drug charges against the defendant were dismissed.

  • Two counts of possession of Class E substance and disorderly person dismissed against defendant/Initial Case

    The police responded to a residence for the report of a person "out of control." When the police arrived they observed the defendant barricaded in a room. The defendant caused damage to the room and furniture. Officers saw the defendant throw a mattress and knock out the lighting in the room. The officers forced their way into the bedroom and subdued the defendant with pepper spray. Following the defendant's arrest and transport to the police station, the police searched the room and recovered two different types of sleeping pills. The defendant was charged with disorderly conduct, destruction of property and two counts of possession of a Class E substance. Due to the filing of pre-trial motions to dismiss, the Commonwealth moved to dismiss the charges of disorderly conduct and possession of a Class E substance. The defendant paid a fine on the remaining count of destruction of property.

  • Pre-trial motion to dismiss leads to dismissal of disorderly person charge/Initial Case

    Officers entered a residence to affect the arrest of a subject who they believed had outstanding warrants. After gaining entry to the home, the police searched for the person. Once the individual was located the officers attempted to subdue him. The officers resorted to spraying pepper spray to overcome the subject's resistance. After spraying the pepper spray at the resident, a family member threw water. The police claimed that the water was thrown at a police officer in an effort by the defendant to prevent the arrest of a family member. The police charged the defendant with resisting arrest and disorderly person. As a result of a pre-trial motion to dismiss the Commonwealth moved to dismiss the disorderly person charged. The court ordered a minimal fine on the remaining charge of resisting arrest.

  • Felony charge of breaking and entering a building in the daytime with intent to commit a felony and charge of malicious destruction of property under $250.00 dismissed at pre-trial hearing/Initial Case

    The police department applied for a complaint against the defendant for breaking and entering in the daytime with the intent to commit a felony and malicious destruction of property. The police report stated that a witness, who wished to remain anonymous, informed the police that the defendant and four other individuals broke into a local package store. The defendant faced the potential penalty of state prison for up to ten years or jail for up to two years on the charge of breaking and entering if he was convicted. The defendant also faced the potential sentence of up to two and one-half months jail on the charge of malicious destruction of property. Attorney McCarthy filed a pre-trial motion to dismiss due to lack of probable cause to issue the complaint. The District Attorney's office did not oppose the motion and the case was dismissed.

  • Charges of criminal harassment and disturbing the peace dismissed after clerk's hearing/Initial Case

    Complainant charged that the defendant engaged in criminal harassment and disturbing the peace due to the defendant's operation of an all terrain vehicle on his own property. At the clerk's hearing a police officer testified that the complainant and neighbor of the defendant complained of screws strewn on his driveway and occasions when the defendant allegedly drove his all terrain vehicle causing dust to settle on the neighbor's property. The complainant applied for a criminal complaint claiming that these actions of his neighbor disturbed the peace and interfered with the tranquility of his life. Attorney McCarthy represented the defendant at the clerk's hearing and the complaint did not issue against the defendant.

  • Charges of assault and battery, assault and battery by means of a dangerous weapon, operating after license was suspended and possession of a class A substance to be dismissed/Initial Case

    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. Attorney McCarthy successfully negotiated a resolution of the cases whereby the defendant will not have a criminal record and all of the charges will be dismissed in one year provided the defendant stays out of trouble and fulfills agreed upon conditions.

  • Case dismissed against defendant charged with larceny over $250.00/Initial Case

    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 S 37B (b)) and larceny over $250.00 (M.G.L. c. 266 S 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.

  • Defendant avoids conviction on a drug arrest/Initial Case

    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 S34] 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.

  • Charges of Domestic Assault and Battery Dismissed/Initial Case

    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.

  • Felony Charge of Assault and Battery Dismissed on Trial Date/Initial Case

    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.

  • Charges of Operating Under the Influence to be Dismissed/Initial Case

    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 S24(1)(a)(1)] and racing a motor vehicle [M.G.L. c 90 S24(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.

  • Defendant avoids conviction on two counts of assault and battery/Initial Case

    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.

  • Complaints charging resisting arrest and disorderly person dismissed/Initial Case

    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.

  • Defendant Remains Free Following A Recommendation of Commitment From The Probation Department During a Probation Surrender Hearing/Initial Case

    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.

  • Felony larceny charge dismissed prior to trial/Initial Case

    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.

  • Charges of larceny by check and forgery dismissed against the defendant/Initial Case

    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.

  • Charge of Domestic Assault and Battery Dismissed and One Count of Possession of Herion To Be Dismissed/Initial Case

    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.

  • Charges dismissed against defendant charged with domestic assault/Initial Case

    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.

  • Charges of Assault and Battery and Threats to Kill Dismissed Against Defendant Prior to Trial/Initial Case

    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.

  • Charge of larceny by check over $250.00 dismissed prior to trial/Initial Case

    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.

  • Case dismissed charging defendant with knowingly being present where heroin is kept/Initial Case

    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.

  • Pre-trial Motions resulted in the dismissal of six felonies and one misdemeanor/Initial Case

    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.