Case Results » 2009
Attorney McCarthy Successfully Amends Restraining Order
The District Court granted the plaintiff's request for a temporary restraining order based on her claim that she was in fear of the defendant. The defendant was ordered to remain away from the residence and not contact the plaintiff. The plaintiff was granted custody of the couple's toddler. Attorney McCarthy filed a Motion to Vacate The Restraining Order based on the grounds that the plaintiff repeatedly sent text messages to the defendant and due to the fact that the plaintiff left the residence therefore, the defendant should be allowed to move back to the apartment. Attorney McCarthy maintained that the request by the plaintiff not to have the defendant contact her was disingenuous in view of the fact it appeared that the plaintiff was inviting contact with the defendant through text messages. Following discussions with a representative of the District Attorney's Office and a hearing the judge vacated the "no contact" portion of the order allowed the defendant to move back into his residence.
Lawrence District Court Judge Vacates Restraining Order
The plaintiff and the defendant were roommates and both names were on the lease. The plaintiff applied for a restraining order claiming that she was fearful of the defendant based on the exchange of a number of text messages. The plaintiff maintained that the defendant emotionally and verbally abused her. Following a hearing in which Attorney McCarthy cross examined the plaintiff and presented oral argument, the judge vacated the restraining order.
Attorney McCarthy Negotiates Dismissal of Domestic Abuse Charges
The police responded to a home for a report of alleged domestic abuse. After interviewing the residents the police arrested the defendant and charged him with assault and battery. Pre-trial investigation and interviews indicated that there was no physical contact between the defendant and his wife. Uncovering this favorable evidence resulted in a dismissal of the case without the defendant having to admit to facts or admit guilt.
District Court Judge Vacates Restraining Order Following Evidentiary Hearing
The complaining witness applied for and was granted an emergency restraining order preventing his girlfriend from "abusing" and "contacting" him. The plaintiff claimed that his girlfriend poured a bottle of water on his head and hit and bit him during an altercation and that he was in fear of her. During the evidentiary hearing Attorney McCarthy cross-examined the witness, presented face book entries from the plaintiff's site and a witness demonstrating that despite the plaintiff's claim that he was in fear of his girlfriend, he entered the apartment when she was there and refused to leave. The judge vacated the restraining order.
Attorney McCarthy Negotiates Pre-Trial Probation For Felony Charge
The police responded to a home on a report of "a party damaging her sister's vehicle." The officer spoke with the individuals present and ultimately arrested the defendant and charged her with malicious destruction of property valued over $250.00 which is a felony punishable for up to ten years in state prison, two and one half years in jail or by a fine of $3000.00 or three times the value of the property injured (whichever is more). Attorney McCarthy negotiated a disposition of a general continuance whereby the defendant did not have to admit to any facts or plead guilty and the case would be dismissed provided the defendant fulfilled specified conditions.
Attorney McCarthy Negotiates Dismissal Of Felony Charge For Businessman
During the early morning hours, police were dispatched to a college dormitory on a report of a breaking and entry in progress. Based on descriptions provided by the occupants of the dormitory, the defendant and his colleague were detained and questioned about their activities that evening. Following a brief investigation the defendant was arrested and charged with a felony offense of breaking and entering in the nighttime with intent to commit a felony. Attorney McCarthy conducted extensive pre-trial interviews with defendant and engaged in negotiations with the Commonwealth in an effort to preserve the defendant's record. Based on Attorney McCarthy's negotiations and sentencing memorandum, the court imposed pre-trial probation for a period of time. Upon the completion of certain conditions the case will be dismissed against the defendant.
Attorney McCarthy Successfully Prevents Extension Of Restraining Order Following Evidentiary Hearing
The complaining witness applied for a temporary restraining order against her ex-boyfriend claiming she kicked him out of the house and that he harassed her by making phone calls and sending e-mails. During the evidentiary hearing relative to the extension of the order, Attorney McCarthy presented numerous e-mails from the complaining witness to the defendant indicating that he was the one that left the relationship and that she was the one harassing him. The defense also presented an e-mail sent from the complaining witness to the defendant after she applied for the temporary order and claimed she was in fear of the defendant. Following the hearing and arguments of counsel, the judge denied the request of the complaining witness to extend the order.
Felony Charges To Be Dismissed Against Defendant Despite Criminal Record
The defendant was charged with malicious destruction of property and assault by means of a dangerous weapon in the district court. According to the police report, officers responded to a home and determined that two brothers had been in an altercation. The complaining witness alleged that his brother assaulted him with a shovel and struck his car that was in the driveway. Based on interviewing the parties, the police arrested the defendant and charged him with the above misdemeanor and felony counts. On the day of trial Attorney McCarthy negotiated a disposition whereby all counts will ultimately be dismissed provided the defendant fulfills certain conditions and stays out of trouble. Although the defendant had previous entries on his record, Attorney McCarthy ensured that the defendant left the court house without any convictions for these offenses.
Attorney McCarthy Prevents Criminal Charges Issuing Following A Clerk's Hearing
A civilian witness called the police alleging that the defendant kicked his door and threatened to kill him. According to the police report this incident followed the arrest of the suspect's boyfriend. The police alleged that the suspect's actions were fueled by the fact that the complainant was a complaining witness against the suspect's boyfriend.
The defendant was initially charged with intimidation of a witness, threats and disturbing the peace. At the conclusion of the hearing the parties agreed that as long as there are no problems between the two for a short time period, no charges will issue against the defendant.
Attorney McCarthy Secures Dismissal of Gun Charges Against Lynn Woman For Commonwealth's Failure To Timely Disclose Exculpatory Evidence And Failure To Comply With Court Orders
Attorney McCarthy successfully litigated a Motion to dismiss gun charges against a female defendant due to the Commonwealth's failure to timely disclose exculpatory evidence and failure to comply with court orders. The charges stemmed from an incident that occurred on April 17, 2008. According to the police report, the police responded to the area of Route 1 in Peabody for a call of a woman being run down by a motor vehicle. After responding to the scene, the police spoke to the involved parties, and transported the female defendant back to her residence. When the police arrived at the residence the defendant's boyfriend was also there. The defendant was ultimately arrested on an outstanding default warrant.
The defendant was transported in a cruiser to the State Police Barracks in Danvers, MA. After she was taken from the cruiser and into the police station the Trooper searched the car and claimed that he found a loaded handgun in stuffed behind the rear seat of the cruiser. No-one ever identified the defendant as in possession of this weapon.
Attorney Kathleen McCarthy timely filed a number of pre-trial motions requesting for copies of any notes, logs or other documentation generated as a result of the transportation of any individual in the cruiser that the defendant was transported in for a period of one week prior to this incident. In Massachusetts, the prosecution must also provide facts of an exculpatory nature. M.R.C.P. 14 (a)(1)(iii). It was clear that the intent of requesting the information relative to individuals transported in the cruiser was to determine whether anyone else was in the cruiser that was involved in a "firearm" related incident.
On the day of trial the defense was informed for the first time that the trooper had responded to an earlier call on the day of the defendant's arrest concerning occupants of a pickup thought to be in possession of a handgun. The trooper that arrested the defendant responded to this stop and one of the three occupants of the truck was put in the trooper's cruiser. Although no handgun was recovered the driver was arrested and charged with illegal possession of a Class D substance, illegal possession of ammunition and illegal possession of alcohol. Based on the late disclosure of the requested exculpatory evidence, Attorney Kathleen McCarthy filed a motion to dismiss the case.
Almost fifteen months after the incident the named caller could not be located and the 911 tape had been destroyed. The cell phone number no longer belonged to the individual that made the initial call. After an extended hearing the district court judge held that the late disclosure caused irremediable harm to the defendant's case and dismissed the charges against the defendant.
Attorney McCarthy Successfully Prevents Issuance Of Criminal Charges Following a Clerk's Hearing
The complaining witness sought charges against the defendant for criminal harassment, annoying telephone calls and threats to commit a crime. During the clerk's hearing Attorney McCarthy was able to present the defendant's version. At the conclusion of the hearing, charges did not issue against the defendant.
Domestic Charges Dismissed Against Peabody Woman
According to the police report, the defendant's husband reported that during a verbal argument the female defendant swung a large "butcher type knife" at him. The police responded to the scene and arrested the defendant charging her with domestic assault and battery and assault by means of a dangerous weapon. After discussions between the parties the Commonwealth dismissed the charges against the defendant prior to a trial date.
Attorney McCarthy Secures Dismissal Of Domestic Abuse Charges
According to the police report, a "hysterical" woman called the police to report a "domestic" in progress. A concerned citizen reported that he heard a woman hysterically screaming and saw here being chased around the car by a man. The woman reported to the police that the man pulled a chunk of hair out of her head and took the phone from her so she could not call the police.
The defendant was arrested and charged with assault and battery and intimidation of a witness. The pair was married and on the day of trial the defendant's wife asserted her marital privilege. The Commonwealth moved to dismiss all charges against the defendant.
Attorney McCarthy Negotiates Pre-Trial Probation For Out Of State Defendant
The police report alleged that the defendant struck his girlfriend and left her on the side of the road after the pair attended a wedding together. According to the report, a bystander saw the woman alone in the early morning hours and gave her a ride. The woman contacted the authorities and the defendant was charged with domestic assault and battery. The woman also initially sought a 209 A restraining order against the defendant.
Attorney McCarthy conducted pre-trial investigation and negotiated a disposition for the out-of-state defendant whereby as long as he did not get into any trouble and did not abuse the complainant, the case would ultimately be dismissed. Thus, the defendant would not have any conviction for this offense. Furthermore, the restraining order was eventually dropped by the complainant.
Attorney McCarthy Successfully Convinces Local Judge Not To Extend A 209 A Restraining Order
The complainant initially sought a temporary restraining order against her male roommate claiming that during the course of their cohabitation he "wielded" a knife at her and threatened to cut her. Despite continuing their roommate relationship, she claimed that she was in fear of him and wanted him out of the apartment that they shared.
Attorney McCarthy spent a substantial amount of time familiarizing herself with the case and argued against the extension of the order. Following the hearing the judge did not extend the order.
Attorney McCarthy Prevents Criminal Charges From Issuing Against A Suspect
The police initially sought a complaint against a defendant for threats to commit crime as the result of an incident at a local high school. Upon receiving notice of a criminal clerk's hearing, the client contacted Attorney McCarthy. After conducting a preliminary investigation, Attorney McCarthy contacted the local authorities and negotiated an agreement whereby the charges were withdrawn prior to the hearing. As long as the suspect continues to stay away from the complainant, no process will issue against him.
Attorney McCarthy Prevents The Issuance Of Criminal Charges Following A Criminal Clerk's Hearing
The defendant received notice that she was being charged with driving an uninsured motor vehicle, driving an uninspected motor vehicle and driving without a valid Massachusetts license as the result of being involved in a car accident. During the clerk's hearing the Trooper read from facts from the police report to support the charges. After hearing arguments from Attorney McCarthy, the Clerk did not issue criminal charges against the defendant.
Court Allows Motion To Dismiss Felony Count Of Larceny Over $250.00
The defendant was charged with a felony count of larceny of property valued at over $250.00. He moved to another state without realizing that there was a warrant for his arrest. The court records reflected that the date of the offense was in 1981. Attorney McCarthy tracked down the case and successfully negotiated the dismissal of the felony charge without the defendant's presence in Massachusetts.
District Court Enters "Nolle Pros" On Larceny Of A Motor Vehicle
The defendant was charged with a single felony count of larceny of a motor vehicle in 1981. The defendant moved out of state and did not realize that a Massachusetts warrant issued for him. Over twenty years later, the warrant surfaced and threatened to interfere with his employment. Attorney McCarthy successfully tracked down the old felony and the Court ultimately entered a Nolle Prosequi on the matter. Attorney McCarthy successfully disposed of the matter without the defendant's presence.
Attorney McCarthy Successfully Avoids Complaint Issuing From District Court Clerk's Hearing
The defendant's former employer charged that she improperly stole money from the company. The defendant contacted Attorney McCarthy to represent her at the clerk's hearing. Attorney McCarthy successfully negotiated a disposition whereby the complaint of larceny under $250.00 would not issue provided that the defendant fulfills certain conditions. Disposing of the case in this manner prevented process from issuing against the defendant and ensured that she has a clean criminal record.
Attorney McCarthy Obtains A Favorable Disposition At A Registry Of Motor Vehciles Hearing
Attorney McCarthy successfully cleared up a driving record for an out of state individual. The individual moved from Massachusetts to another state over twenty years ago and pursued a successful business career. Unbeknownst to him, warrants had issued for him that related to parking tickets and unresolved court matters. Upon recently applying for his license in his home state, the warrants popped up for the first time. These matters threatened to effect his employment. Attorney McCarthy tracked down all of the old cases and tickets and obtained favorable results for the client without requiring his presence in Massachusetts. Following the registry hearings, the client was able to obtain his license and return to work.
Attorney McCarthy Obtains Favorable Disposition On Three Felony Charges
Following a clerk's hearing the defendant was charged with three counts of malicious destruction to a motor vehicle. The defendant, who had a criminal record including prior convictions and commitments to jail, did not want a guilty finding to enter because of the possibility of a judge sentencing him to jail.
Attorney McCarthy was ready for trial on the trial date. As a result of negotiations, the parties agreed that the case would be dismissed provided that the defendant honored certain conditions. The defendant walked out of the court house without another conviction on his record.
Attorney McCarthy Successfully Clarifies Defendant's Twenty-Three Year Old Record
A juvenile defendant admitted to sufficient facts to an offense with the understanding that the case was to be continued without a finding until his eighteenth birthday. The defendant pursued a successful career believing that the old juvenile case had been dismissed.
Post 9/11 it came to the defendant's attention that there had been a mistake and a finding of delinquency or guilty had entered. The defendant, now in his thirties with a family to support, retained Attorney McCarthy to correct this matter. Attorney McCarthy filed a Motion to Correct The Record and a Motion To Withdraw His Guilty Plea based on the fact that all of the involved parties believed that the case was to be dismissed when he turned eighteen.
After hearing a district court judge corrected the record and had it reflected that the case was continued without a finding and dismissed. Attorney McCarthy successfully corrected the defendant's twenty three year old record.
Prosecutors Dismiss Charges of Domestic Violence Against A Woman
The police responded to a home and were met by family members who accused a woman of assaulting and beating her sister and mother. After interviewing the parties, in addition to charges of assault and battery, the defendant was also charged with intimidation of a witness. The police maintained that the defendant tried to grab a telephone from her mother when she called to report the incident. According to the authorities, these actions gave rise to the charge of intimidation of a witness.
Attorney McCarthy prepared for trial and was ready to try the case presenting self defense. After the defense answered ready for trial, the prosecutor moved for a straight dismissal of all charges against the defendant.
Charge of Operating Under the Influence of Alcohol To Be Dismissed Despite Breathalyzer Reading Of Almost Twice The Legal Limit
According to the police report, a local police officer responded to telephone report of erratic operation. The officer caught up to the motor vehicle, driven by the defendant, and noticed that the car traveled a foot over the fog line. After pulling over the car, he officer noticed a smell of "an alcoholic beverage" coming from the car. During initial conversation the officer noticed that the operator's eyes were red and glassy and that she spoke with "slurred speech." According to the police report the driver did not pass the "one leg stand" test or the "nine step walk and turn." After being placed under arrest the operator took the breathalyzer test and the reading was a .11, almost double the legal limit.
Attorney McCarthy negotiated a disposition whereby the defendant's case would be dismissed in one year provided the defendant successfully completed certain conditions.
Attorney McCarthy Negotiates Dismissal of Domestic Assault and Battery Case
According to the police report, officers responded to a report of a domestic disturbance involving a male and a female. The female reported that during an argument the defendant grabbed her hand causing a small laceration to her finger. The defendant maintained that following an argument the complaintant followed him and repeatedly pulled his shirt and neck. The defendant was charged with assault and battery [M.G.L. ch. 265 §13 (A)(a)].
Attorney McCarthy negotiated the straight dismissal of the case despite the fact that the defendant had previous convictions for assault and battery, assault and battery on a police officer and distribution of a controlled substance.
Charges Of Assault And Battery To Be Dismissed
The police responded to a radio call and were approached by a male "victim" who alleged that his girlfriend punched him in the face. As the officer spoke to the male the female insisted that he was "lying." The female maintained that the "victim" was the aggressor and had pulled her hair while trying to push her out of the car. Apparently, an argument became physical when the female was late picking her boyfriend up from work at a local car service establishment.
As is routine in what are termed as "domestic violence cases" the local police sergeant arrived at the scene. The police officers spoke and ultimately arrested the female and charged her with assault and battery.
On the day of the trial Attorney McCarthy negotiated a disposition whereby the defendant did not have to make any admission and the case would be dismissed in one year provided that she stayed out of trouble and fulfilled other conditions. Despite the fact that the defendant had a previous guilty finding on an assault and battery and assault and battery on a police officer, she was able to walk away from this arrest with no conviction.
Charge Of Operating Under The Influence Of Alcohol To Be Dismissed
According to the police report, the Massachusetts State Police responded to a single car crash on Route One. When the officers arrived at the scene they interviewed the operator of the car who stated that she was coming from a local night club and had consumed "a few beers." There were three passengers in the car that appeared to be uninjured.
While speaking with the driver, the Trooper apparently believed that he smelled an odor of alcohol coming from her breath. The trooper conducted three "field sobriety tests" and determined that she was under the influence of alcohol. While at the police station the driver took the "breathalyzer" which resulted in a reading of .13, which was well over the legal limit.
Although the defendant had previously admitted to sufficient facts for two felonies, Attorney McCarthy negotiated a disposition whereby the case will be dismissed against the defendant provided she completes certain conditions and stays out of trouble for one year.
Felony Charge of Larceny Over $250.00 To Be Dismissed Against Defendant
A local jewelry store reported that a customer stole two pairs of earrings valued at over $250.00. If convicted in the district court, the defendant faced up to two and one half years in jail. After an investigation, the police alleged that the defendant was in a video tape seen stealing pieces of jewelry from a store. The police obtained a search warrant for the defendant's residence and ultimately found the jewelry in question.
Attorney McCarthy negotiated a disposition whereby the felony would be dismissed in one year provided that the defendant agreed to complete certain conditions.
Charge of Domestic Assault and Battery To Be Dismissed Against Tewksbury Man
The police report alleged that the defendant struck his wife in the face causing a laceration above her eye. The complainant went to the police station and reported the alleged incident. Attorney McCarthy successfully negotiated a disposition where the case will be dismissed in two years provided the defendant fulfills agreed upon conditions. Upon the dismissal of the case, the defendant will not have any criminal convictions as a result of this incident.
Charges of Assault and Battery, Criminal Trespass and Entering Without Breaking With Intent To Commit a Felony Dismissed Following a Clerk's Hearing in Dorchester District Court
The complainant alleged that the defendant pushed her and gained entry to a relative's home in Dorchester, Massachusetts. The complainant testified that during a gathering at the home, the defendant repeatedly rang the door bell in an effort to get the attention of his girlfriend. The complainant and her fiance testified that the defendant pushed her to get into the house after being told to leave. The defendant testified that he never entered the home and never touched the complainant. Attorney McCarthy pointed out that the complainant applied for the complaint in the Dorchester District Court approximately two weeks after the alleged incident. Furthermore, the complainant's brother faced assault charges based on an incident that occurred in Dorchester that same evening. Following the hearing, the Clerk declined to issue a complaint on any of the proposed charges.
Charge of Criminal Harassment To Be Dismissed Following A Clerk's Hearing
The complainant alleged that the defendant was waiting for her in a parking lot when she arrived and or departed for work. According to the woman, the defendant seemed to be waiting for her in a parked car in the lot where she parked for work. Eventually, the defendant approached her and began speaking with her. Following this encounter, she reported the incidents that occurred over the approximately one year, to the local police.
Following the clerk's hearing, the complaint did not issue. The police department agreed that if the defendant ceased contact with the complainant and had not further incidents for one year, the complaint would be dismissed.
Felony Charge of Assault And Battery With A Dangerous Weapon Dismissed And Misdemeanor Assault and Battery to Be Dismissed
According to the police report, police responded to radio call for a fight in down town Boston. Apparently, Samaritans allegedly witnessed a male "throwing a blow" to a woman in the head area. It was also reported that the defendant kicked the victim after she fell to the ground.
Attorney McCarthy successfully negotiated the straight dismissal of the felony assault and battery by means of a dangerous weapon. The misdemeanor count of assault and battery will be dismissed in one year provided the defendant has not further incidents with law enforcement. Once this occurs, the defendant will avoid having a criminal record as a result of this incident.
Attorney McCarthy Successfully Litigates The Dismissal Of Motor Vehicle Violations To A Clerk's Hearing
Following a car accident where the defendant was not at fault, the police charged her with operating a motor vehicle with an expired license, operating a motor vehicle with no insurance and operating an unregistered motor vehicle. The defendant believed that she requested a clerk's hearing, however, she never received notification of the hearing date and she was summonsed to court to be arraigned on the above charges.
Prior to the arraignment, Attorney McCarthy filed a motion to dismiss the case and refer it to a clerk's hearing pursuant to M.G.L.A. 218 § 35A. The judge allowed the motion and the charges were dismissed prior to the defendant's arraignment. Thus, there will be no record of these charges issuing against the defendant.
A Suffolk County Jury Returns Not Guilty Verdict in Domestic Assault and Battery Case Against a Brighton Man
A Suffolk County jury acquitted a Brighton Massachusetts man of domestic assault and battery following a two day jury trial. The complaining witness testified that the defendant kicked, punched and pinned her against the wall in their Brighton apartment with their two year old son looking on crying. The prosecutor introduced nine photographs of bruised arms and legs that the witness claimed she received as a result of the severe beating by the defendant. Through cross examination Attorney McCarthy demonstrated that the witness failed to report the fact that the defendant kicked, punched or pinned her against the wall when the police arrived on the night of the incident. She also highlighted that fact that the witness declined medical attention and the fact that the police did not observe any red marks or cuts on her body when they arrived. Furthermore, although numerous photographs were introduced, none of them had the witnesses face in them. Attorney McCarthy argued that the photographs were not reliable evidence because the prosecutor failed to demonstrate that they depicted the witness's body or that they were a result of what happened on the night in question. Following a few hours of deliberations, the jury returned a not guilty verdict.