Case Results » 2010

  • Felony Count Of Open And Gross Lewdness To Be Dismissed

    The defendant was charged with rubbing his penis while driving his car in a residential area. The Commonwealth indicated that there was a civilian witness to this behavior who called the police to report the crime. The police pulled the defendant over based on a description of the car and ultimately arrested the defendant, who was in the Boston area on a business trip.

    Despite the fact that the defendant had a number of similar offenses in the past, Attorney McCarthy negotiated a disposition whereby the case will be dismissed against the defendant provided he satisfies certain conditions and does not get rearrested. This result prevented the defendant from having to register as a sex offender, which could have devastating effects both socially and legally.

  • Charges Of Operating Under The Influence Of Alcohol To Be Dismissed Against Defendant

    The police report alleged that the car driven by the defendant rolled through a stop sign. This caught the attention of a local police officer who subsequently pulled the car over and spoke to the defendant. The defendant admitted to having two glasses of wine which led to a series of road side field sobriety tests which the officer claimed the defendant failed. The defendant subsequently took the breathalyzer and blew a .10.

    Attorney McCarthy negotiated a disposition whereby the case against the defendant will be continued for one year and dismissed provided the defendant satisfies certain conditions and stays out of trouble. The defendant can indicate that she has not been convicted of a crime.

  • Attorney McCarthy Successfully Litigates Motion To Suppress Stop Resulting In Dismissal Of Operating Under The Influence Charge For Local Businessman

    In the early morning hours the police pulled over a car operated by a successful businessman because he was traveling down roads that were dead ends. The police activated his blue lights to get the attention of the driver and ask him if he was lost. Upon his approach to the car, the officer claimed that he could detect a strong odor of alcohol coming from the driver's window. The officer ordered the driver out of the car and conducted road side field sobriety tests. The office opined that the defendant was under the influence of alcohol and placed him under arrest.

    Attorney McCarthy filed a pre-trial motion to dismiss alleging that the police had no legitimate reason to pull the defendant's car over. The government agreed and the case against the defendant was dismissed.

  • Attorney McCarthy Secures Dismissal Of Felony Drug Offense

    The defendant was charged with possession with intent to distribute marijuana. According to the police report, the police approached a legally parked on a public street with three occupants. The police claimed that there were a "number of complaints" in the neighbor relative to drug activity. Following an initial conversation with the driver, who was not the defendant, the officer improperly ordered everyone out of the car. During a search of the car the police found a small scale and baggies containing what the police believed was marijuana on the defendant. The police arrested the defendant and charged him with possession of marijuana with intent to distribute.

    Attorney McCarthy filed numerous motions including a motion to suppress and to dismiss. In the motion to suppress, Attorney McCarthy argued that the approach to and search of the defendant and the car that he was in was improper. On the day of the motion hearing the Commonwealth dismissed all charges against the defendant.

  • Motion To Dismiss Charge Of Armed Career Criminal Allowed By Superior Court Judge

    The defendant was a young man charged with being an Armed Career Criminal and related offenses. The prosecutor maintained that because the defendant had previously been convicted for three violent crimes or drug offenses he should face a fifteen year mandatory minimum sentence. Attorney McCarthy filed a motion to dismiss this charge arguing that the prosecutor failed to present enough evidence to the grand jury that all of these convictions arose from separate incidences as required by the statute. The Superior Court Judge agreed and dismissed this indictment against the defendant.

  • Felony Charge Of Assault And Battery By Means Of A Dangerous Weapon And Related Charges To Be Dismissed Against Defendant

    The police report alleged that the police responded to a local establishment due to complaints regarding an intoxicated woman. According to the police report, witnesses claimed that the patron drank too much alcohol and was attempting to drive home. The police maintained that after the police officers tried to calm the woman down, she kicked a police officer and refused to be placed under arrest for disorderly person. The defendant was ultimately charged with disorderly conduct, resisting arrest, assault and battery on a police officer and assault and battery by means of a dangerous weapon. Attorney McCarthy negotiated a disposition whereby as long as the defendant does not get rearrested for one year the case will be dismissed.

  • Attorney McCarthy Successfully Prevents Complaint For Violation Of A Restraining Order From Issuing

    The complaining witness alleged that the defendant, who had a pending restraining order against him, had a third party contact her in violation of the court order. During the hearing Attorney McCarthy successfully argued that the plaintiff could not demonstrate that the defendant was responsible for the contact. The Clerk agreed and declined to issue a criminal complaint against our client.

  • Attorney McCarthy Secures Dismissal Of Domestic Assault Charge Prior To Arraignment

    The defendant was arrested after his wife called the police claiming that he hit her at a friends get together. Although the wife was intoxicated, the police placed the defendant under arrest and his wife was put in protective custody. After investigating the case and conducting negotiations with the police prosecutor Attorney McCarthy secured the dismissal of the case prior to the defendant's arraignment.

  • Felony Charge Of Indecent Assault And Battery Reduced To Misdemeanor Assault And Battery

    The police report alleged that the defendant approached one of the complaining witnesses and began rubbing her stomach area. Another witness claimed that the defendant grabbed her hand and began kissing it as she stood in line in a downtown food court. According to the second complaining witness, the defendant also pulled her into a food line and rubbed her back and arm. Attorney McCarthy engaged in discussions with the District Attorney's Office and the felony sexual assault was reduced to one misdemeanor count of assault and battery. The case will be dismissed against the defendant provided he does not get rearrested and satisfies certain conditions. The defendant received a favorable disposition and does not have to deal with the collateral consequence of being convicted of a sexual assault.

  • Pre-Trial Probation Prior To Arraignment For College Student Charged With Disorderly Conduct

    The police alleged that on September 12, 2010 they responded to a downtown Boston apartment because of an apartment complex making loud noises. The officers heard loud music emanating from an apartment and ultimately entered the dwelling. The police claimed that a student/defendant refused to leave the area of the party despite repeated requests by the officers. Our client was eventually arrested and charged with one count of being a disorderly person. On the day of the court appearance our office succeeded in avoiding an arraignment for the client and the case will be dismissed in a few months provided he fulfills certain minimum conditions.

  • Attorney McCarthy Successfully Prevents Complaint For Assault And Battery From Issuing Following A Clerk's Hearing

    A civilian applied for a criminal complaint charging our client with assault and battery. The complainant applied for this complaint after being arraigned in the Cambridge District Court for assault and battery on our client. According to the complaining witness, our client pushed and kicked the witness down the stairway to an apartment complex following a verbal confrontation between the parties. Our office conducted lengthy interviews prior to the hearing. Following the evidentiary clerk's hearing, at which our office presented evidence, the Assistant Clerk Magistrate found that there was no probable cause to issue the complaint against our client.

  • Attorney McCarthy Successfully Vacates Harassment Restraining Order

    The complaining witness applied for a Harassment Prevention Order claiming that her former boyfriend was "harassing" her by willfully and maliciously contacting colleagues, acquaintances and members of her academic community. Our office maintained that the new "Harassment Restraining Order" did not apply to this case because the type of conduct that the witness complained about was protected by the defendant's right to free speech. The judge declined to extend the temporary order.

  • Attorney McCarthy Secures Pre-Trial Probation On Felony Charges For Local Graduate Student

    According to the police report, a back- bay resident returned home to find a stranger "sleeping in the bed." The police responded and the suspect woke up appearing disoriented and believing that he was in his own home. The home owner informed the officers that two doors to the apartment had been forced open. The confused suspect was quickly placed under arrest and charged with two felonies: breaking and entering in the nighttime with intent to commit a felony and malicious destruction of property over $250.00.

    The defendant was a graduate of an Ivy League College with a Master's Degree from a prominent Boston area University. Attorney McCarthy negotiated the case and the Judge agreed to place the defendant on three months pre-trial probation. Provided the defendant pays to replace the door the case will be dismissed. The defendant will not have any criminal record

  • Larceny By Scheme Charges Against Employee To Be Dismissed

    An employee of a "superstore" claimed that an employee was "ringing in merchandise and then voiding it out but still bagging the merchandise and giving it to the same women. Based on these allegations a complaint issued against the employee/defendant that charged her with larceny by scheme. After negotiations with our office the Commonwealth agreed to continue the case for a brief period of time without any admission by the defendant. The case will be dismissed provided the defendant does not get into any trouble during the time period.

  • Defendant Released From Prison After Attorney McCarthy Secured Reversal Of Conviction Of Drug Offenses Where Defendant Was Serving A Mandatory Sentence

    The defendant was convicted of possession with intent to distribute cocaine in a school zone as a second and subsequent offender. He was serving seven years in prison as a result of the convictions. Attorney McCarthy represented the defendant on appeal and successfully litigated the reversal of the convictions. The appeal was primarily based on the argument that the introduction of the drug certificates at trial violated the defendant's state and federal constitutional rights to cross examination and a fair trial. See, Melendez-Diaz v. Massachusetts, 129 S. Ct. 2527(2009).

    Following the reversal Attorney McCarthy promptly brought the defendant before the court and argued for his release from prison. The defendant was released that day.

  • Charges Of Domestic Assault And Battery Dismissed Against Local Businessman

    The complaining witness [the defendant's ex–girlfriend] reported that when she tried to open the door the defendant pulled her backwards by the hair and into her apartment. The witness further claimed that when she tried to get away from him he grabbed her arm and continued pulling and hitting her in the presence of their young child.

    The defendant was arrested and charged with assault and battery. Attorney McCarthy conducted a thorough pre–trial investigation that included compiling court records of the former couple's probate proceedings and telephone records that supported the defendant's position that she was the aggressor. On the day of trial the complaining witness did not appear and the Commonwealth dismissed the case against the defendant.

  • Sexual Assault Charges Against Retired Businessman Nolle Prossed

    The Commonwealth alleged that a sixty-six year old retired businessman improperly sexually assaulted his step granddaughter by touching her chest. Initially, the defendant was charged with indecent assault and battery on a child under fourteen. A conviction for this type of offense would result in the defendant having to register as a sex offender and a possibility of lifetime community parole.

    Our office thoroughly investigated the allegations and the District Attorney's Office ultimately entered a nolle pros on so much of the complaint that alleged any sexual misconduct. Attorney McCarthy convinced the Judge to continue the assault and battery charge without a finding for a period of time. The case will ultimately be dismissed provided the defendant satisfies certain conditions.

  • Charge Of Possession Of A Class D Substance With Intent To Distribute Marijuana In A School Zone Dismissed Against College Student Dismissed And Defendant Placed On Pre-Trial Probation For Charge Of Distribution Of Marijuana

    According to the police report, police officers approached two college students in a car that was parked in a public park after dark. A police officer claimed that he smelled "burnt marijuana" prompting him to order the defendant out of the car. The police ultimately found what they believed was marijuana, baggies and a scale after searching the defendant, the passenger and the car. In the event of a conviction on the charge of intent to distribute marijuana in a school zone a defendant is sentenced to a mandatory jail sentence of two years in the house of correction on and after the underlying conviction for possession with intent to distribute.

    After Attorney McCarthy filed a number of motions the District Attorney's Office agreed to dismiss the counts that alleged distribution in a school zone and placed the defendant on pre-trial probation for the possession with intent to distribute count. The case will be dismissed provided the defendant completes forty hours of community service and does not get charged with any new crimes for one year.

  • Felony Charge Of Malicious Destruction Of Property To Be Dismissed In District Court

    The complaining witnesses alleged that the defendant intentionally damaged their apartment door after he was told to leave the area. The police tracked down the defendant and charged him with malicious destruction of property over $250.00, which is a felony in Massachusetts. Despite the fact that the defendant had previous entries on his record, Attorney McCarthy successfully negotiated a disposition whereby the defendant was placed on pre-trial probation. Provided the defendant is not charged with any new offense the case will be dismissed in six months. The defendant did not admit to sufficient facts or admit guilt.

  • Possession Of Heroin Case Dismissed In District Court

    The police responded to a residence as the result of a call for emergency assistance. Upon arriving at the location, police officers observed what they believed to be heroin and needles in the area around the defendant. After a brief investigation the police arrested the defendant and charged him with possession of a class A substance (heroin). Attorney McCarthy negotiated a disposition whereby the case was dismissed upon the payment of court costs.

  • Felony Charge To Be Dismissed Against Defendant

    The defendant was accused of receiving stolen property valued over $250.00. The police report stated that a police officer entered the defendant's apartment due to a report of suspicious activity by his landlord. Upon entering the apartment, the officers claimed to have seen a driver's license and credit cards that were not in the defendant's name. The police conducted an investigation and determined that the owners of the items did not know the defendant and lodged a felony count of receiving stolen property valued over $250.00 against the defendant. After being charged with the above offense, the defendant also faced charges of operating after his right to operate was suspended and related driving offenses.

    Attorney McCarthy filed a number of viable pre-trial motions including a motion to suppress evidence [credit card and driver's licenses confiscated from his apartment] and a motion to suppress statements. Despite the fact that the defendant had a number of felony convictions on his record, all charges will be dismissed against our client if he remains free from criminal legal trouble for a specified period of time.

  • Domestic Violence Case Dismissed Against Local Businessman

    According to the police report officers responded to a Boston location due to a report of a physical altercation. The dispatcher reported that a male was grabbing a female. The police officers arrived at the scene and interviewed the parties [who were married to one another] and independent witnesses. Based on independent witness observations and the statements of the involved individuals, the male party was arrested and charged with domestic assault and battery.

    Attorney McCarthy conducted extensive interviews of the involved parties and negotiated a disposition resulting in the dismissal of the charge prior to the trial date.

  • Charge Of Sex For A Fee Dismissed Against Business Owner Dismissed

    The police report alleged that the defendant engaged in sex for a fee with a known prostitute. The police report indicated that the police responded to the downtown Boston area due to numerous complaints of prostitution. The police approached a car which was occupied by the defendant and a female. Based on their knowledge that the female was a prostitute both parties were arrested. The defendant was charged with sex for a fee. Attorney McCarthy filed a motion to dismiss because the police officers did not have probable cause to charge the defendant with this crime. After presenting this viable motion, Attorney McCarthy negotiated a disposition whereby the case was dismissed without any admission or plea provided the defendant satisfied certain conditions.

  • Charges Of Assault And Battery To Be Dismissed

    The Commonwealth alleged that during an argument the defendant kicked his mother. The police responded to the defendant's home as a result of a call for a domestic disturbance. Upon arrival, the police interviewed the defendant's mother and ultimately charged with a felony of assault and battery by means of dangerous weapons. After conducting lengthy negotiations with the Assistant District Attorney the defendant was placed on pre-trial probation. The charges against the defendant will be dismissed, without any admission by the defendant, provided he satisfies certain conditions.

  • Case Of Domestic Violence To Be Dismissed Against Defendant

    The police report alleged that a police officer observed the defendant "violently dragging the "victim" by the arms. According to the report, the "victim" was screaming and the male and female were separated. The female claimed that the defendant prevented her from leaving an apartment. When she ultimately left the apartment, she claimed that the defendant choked her that she was afraid of him. She applied for and was granted a temporary 209A restraining order. Attorney McCarthy negotiated a disposition whereby the defendant was placed on pre-trial probation and the case will be outright dismissed provided the defendant does not get charged with any new offenses for a short period of time.

  • Attorney McCarthy Secures Dismissal Of Assault And Battery By Means Of A Dangerous Weapon And Domestic Assault And Battery

    According to the police report, the defendant's wife claimed that the defendant grabbed her and pushed her to the ground. The wife then went to a neighbor's house and the police responded to the scene. Based on conversation with the complainant the defendant was charged with assault and battery by means of a dangerous weapon (to wit a gun) and assault and battery.

    Pre-trial investigation revealed that although there were guns in the home, the defendant was properly licensed to carry a firearm and it was not used during the incident. A pre-trial motion to dismiss was allowed on the assault and battery by means of a dangerous weapon count. On the trial date the defendant answered ready for trial and the Commonwealth had not secured the presence of the witnesses. The judge allowed Attorney McCarthy's motion to dismiss.

  • Attorney McCarthy Negotiates Settlement Of Felony Larceny Charge Prior To The Issuance Of A Criminal Complaint

    The complaining witness alleged that the defendant improperly stole computer parts when he worked for the witness's company. Attorney McCarthy negotiated an agreement whereby a criminal complaint would not issue against the defendant provided he paid restitution in a timely manner. The case was settled without any criminal charges lodged against the defendant.

  • Charges Of Domestic Assault And Battery Against Elderly Woman To Be Dismissed

    The police responded to a report of a domestic disturbance and ultimately charged an elderly female defendant with assault and battery on a family member. The defendant had no previous record. After conducting preliminary investigation, Attorney McCarthy negotiated a disposition with the District Attorney's Office whereby the Commonwealth will request a straight dismissal in three months provided the defendant does not get charged with any new crimes.

  • Disorderly Person Charge Dismissed And Indecent Exposure Charge To Be Dismissed Against Defendant

    According to the police report, officers responded to an apartment complex as the result of a "drunk causing a disturbance." Residents in the building alleged that the defendant "urinated" on an apartment door and used vulgar language. One of the witnesses claimed to have seen the male defendant's private area. The defendant was arrested and charged with indecent exposure and disturbing the peace. Although the defendant had a number of other entries on is board of probation record, Attorney McCarthy negotiated a disposition whereby the disturbing the peace count was dismissed and the indecent exposure will be dismissed provided the defendant completes certain conditions.

  • Attorney McCarthy Secures The Termination Of A Restraining Order And Withdrawal Of Assault And Battery Complaint Prior To A Clerk's Hearing

    The defendant dated the complaining witness for a short period of time. The defendant initially filed for a restraining order against the complaining witness claiming that she struck him a number of times at his home. Although initially withdrawing the request, mutual restraining orders eventually issued against both parties. The restraining order and any pending charges would have eventually interfered with the defendant's ability to work. Attorney McCarthy negotiated a disposition whereby the restraining order against the defendant was dismissed and the request for a criminal complaint for assault and battery was withdrawn.

  • Defendant Facing Assault And Battery, Resisting Arrest And Disorderly Person Charges Placed On Pre-Trial Probation

    The Commonwealth alleged that the defendant struck his father and refused to be placed under arrest following a family dispute. After responding to a home as the result of a call for a domestic disturbance, the defendant was charged with assault and battery, resisting arrest and being a disorderly person. Attorney McCarthy negotiated a disposition whereby the defendant did not admit to any facts and was placed on pre-trial probation. Following the completion of certain conditions, the case will be dismissed.

  • Attorney McCarthy Secures Dismissal Of Two Counts Of Possession Of A Controlled Substance

    The defendant was charged with two counts of possession of a class A substance. According to the police report the defendant was a passenger in a car that was pulled over for a civil traffic violation. The police ultimately searched the car and found what they believed were two oxycontin pills under the passenger seat and a pill in the defendant's pocket.

    Attorney McCarthy filed a motion to suppress evidence and claimed that the stop and the search of the defendant was illegal. Prior to the evidentiary hearing the Commonwealth dismissed all charges against the defendant.

  • Attorney McCarthy Successfully Vacates Manslaughter Conviction

    The defendant pleaded guilty to so much of a second–degree murder indictment that alleged manslaughter. As a result of the plea the defendant received a sentence of ten to eleven years in state prison. During the plea colloquy, the defendant heard the Assistant District Attorney state that a number of Commonwealth witnesses had recanted their testimony. Although the defendant was aware that two witnesses had "recanted", he immediately inquired of trial counsel who the witnesses were. Trial counsel recommended that the defendant get a copy of the plea transcript and have it reviewed.

    Attorney McCarthy represented the defendant on a motion to withdraw his guilty plea/motion for a new trial. Post conviction investigation revealed that a key Commonwealth witness had reported to the victim witness advocate that she lied in the grand jury. Through affidavits and witness testimony it was established that this exculpatory information was never turned over to the defendant or his attorney prior to the defendant's guilty plea. Following an evidentiary hearing the motion judge allowed the defendant's motion for a new trial on the grounds that the Commonwealth failed to provide exculpatory evidence to the defendant.

  • 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.

  • 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.

  • 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).

  • 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.

  • 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.

  • 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.

  • 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.