Case Results » 2012
Office Negotiates First Offender Disposition For Client Charged With Operating Under The Influence/Second Offense
The police pulled a car over based on erratic driving. Upon speaking with the operator they smelled an odor of alcohol emanating from the defendant and noticed that his speech was slurred. Based on initial observations they requested that he perform field sobriety tests which, in their minds, he failed. They ultimately arrested the motorist and charged him with operating under the influence as a second offense. The client's first offense was from over ten years previous to his current arrest. Attorney McCarthy's office successful argued to have this second offense treated as a first offense.
Attorney McCarthy Negotiates Dismissal Of Criminal Charge Of Operating A Motor Vehicle While Endangering The Lives And Safety Of Others
The police claimed that the car that the defendant was driving sped past their cruiser that was escorting an ambulance at a speed of over ninety miles per hour. Attorney McCarthy conducted an extensive interview with the defendant. She outlined in detail the client's impressive background and lack of criminal record to the judge and Assistant District Attorney. After hearing Attorney McCarthy's arguments, the judge agreed to dismiss the criminal offenses provided the defendant completes community service hours.
Client Avoids Committed Sentence Following Probation Surrender Hearing
The defendant was on probation for two years following a plea to assault and battery. Attorney McCarthy was contacted when his probation officer continued to serve notice of probation surrender on the defendant despite the fact that the defendant maintained that he NEVER violated the terms of his probation. With approximately one month left on his probation, the defendant received notification that his probation officer was surrendering him for failure to complete a program and failing to report.
Attorney McCarthy worked diligently to demonstrate to the probation officer that the defendant met his obligations relative to attending a program. However, the probation officer still moved to surrender based on the fact that the defendant missed one meeting. On the day of the hearing, the probation officer recommended that the defendant be committed to jail for his failure to report to his probation officer on a designated day. Attorney McCarthy presented mitigating circumstances explaining the defendant's failure to report in person to this probation officer and the judge simply told the defendant to continue to report. The defendant's probation is still scheduled to terminate as planned in a few weeks.
Attorney McCarthy Negotiates Dismissal Of Domestic Assault And Battery And Felony Count Of Intimidation Of A Witness
The police report alleged that officers responded to a home as the result of a "female reporting that her husband (and eventual defendant) was beating her." Upon the arrival of the officers the complainant/wife told the police that the defendant "pushed her numerous times" while she was holding their young daughter and she pushed to the ground. The police officers observed a minor abrasion and a small cut on her left hand and finger. A telephone call made by the upset wife was cut off and the police believed it was the husband preventing his wife from calling for help.
The officers spoke to the defendant who claimed that his wife was the aggressor and slapped him in the face. The defendant was handcuffed and taken to the police station and charged with domestic assault and battery and intimidation of a witness. The wife got a 209A restraining order against her husband that afternoon.
Attorney McCarthy was contacted immediately by the family. On the day of the arraignment the 209A restraining order was vacated by the wife. Attorney McCarthy conducted interviews and guided the defendant through the process and the case was dismissed by the Commonwealth on the first return date to court.
Domestic Case Dismissed Against Client Charged With Felony Count Of Assault With A Dangerous Weapon and Assault And Battery
The police were called to a home because of a report of a fight that left a person with a stab wound. When the police arrived they interviewed a number of individuals at the scene. The occupant of the home, and the defendant's brother, claimed that the defendant came to his home and attacked him with a knife. Despite the fact that the defendant was the one with a knife injury to the inside of this hand, the police arrested the defendant and charged him with assault by means of a dangerous weapon to wit a knife and assault and battery.
Attorney McCarthy investigated the circumstances surrounding the case and prepared for trial. Based on the injuries to the defendant and independent eyewitness accounts prepared to prove that the defendant was actually the victim and was acting in self-defense. The District Attorney's Office was NOT ready for trial. Attorney McCarthy answered ready for trial and moved for a dismissal of all charges. The judge allowed the motion and all charges against the defendant were dropped.
September 1, 2012
Attorney McCarthy Successfully Secures Harassment Prevention Restraining Order For Fearful Client
The plaintiff contacted Attorney Kathleen McCarthy 's office inquiring about how to protect herself from a former boyfriend who was incessantly sending her text messages and voice mails. The client was not sure whether to apply for a 209A restraining order or a Harassment Prevention Order pursuant to M.G.L. 258E. After lengthy discussions and reviewing the case, Attorney McCarthy determined that based on the facts, the burden would be met if she applied for a Harassment Prevention Order. Attorney McCarthy accompanied the plaintiff to the hearing and the judge issued a Harassment Prevention Order. The relieved plaintiff left the court with the order in hand.
If you are looking for a Massachusetts Restraining Order lawyer contact Attorney McCarthy on line or at 978-975-8060. She routinely appears in Boston area court houses including Lawrence, Lowell and Peabody representing plaintiffs and defendants in 209A restraining order hearings and Harassment Prevention hearings.
Client Avoids Conviction For Threats To Kill
According to the police report, a young mother called the police in a panic claming that a male driver [defendant] followed her vehicle, in which she had her two young children. The complaining witness reported that the defendant was beeping the horn to his vehicle while hanging out of the window and yelling. She also alleged that the defendant waved a weapon at her car and threatened to kill her.
The distraught motorist called the police. After interviewing her, the police approached the client. Prior to retaining defense counsel, the defendant was summonsed for a clerk's hearing. Following the hearing in which the defendant represented himself, a criminal complaint issued for threats to commit a crime to wit to kill.
The defendant ultimately retained Attorney McCarthy to represent him. Attorney McCarthy investigated the facts surrounding the case and conducted client meetings. Although the client was in his early twenties with no prior record, the District Attorney's Office initially believed that a guilty finding should enter for the defendant. Clearly, a guilty find may have potential consequences for the defendant. Attorney McCarthy engaged in thorough negotiations with the police department and the District Attorney's office and the case was eventually disposed of without a criminal conviction for the defendant. Provided the defendant does not get rearrested and fulfills a few obligations the case will be dismissed. The defendant will not have a criminal conviction on his record.
Attorney McCarthy Successful Prevents The Issuing Of A Complaint For Leaving The Scene Of An Accident Causing Property Damage Following A Clerk's Hearing
The police alleged that the young client left the scene after colliding and causing damage to a few motor vehicles parked on a public way. The client was summonsed for a clerk's hearing. Attorney McCarthy conducted investigation and client interviews prior to the hearing date and avoided the issuance of the criminal complaint against the defendant.
Attorney McCarthy Successfully Prevents The Extension Of A Restraining Order For Client
The client's former wife (plaintiff) applied for an emergency 209A restraining order following an argument with the defendant. During the argument, the defendant accused his ex-wife of drug use. The insulted spouse called the police and reported that the defendant had assaulted her. The defendant was not charged with a criminal offense.
The following evening the plaintiff applied for an emergency 209A restraining order, claiming that the defendant struck her the previous evening. The order prevented the defendant from spending time with his nine year old son. The defendant contacted Attorney McCarthy who interviewed witnesses and prepared for the evidentiary hearing on short notice. Through cross examination of the plaintiff and her witness coupled with the presentation of witnesses Attorney McCarthy was able to demonstrate that the plaintiff was NOT in fear of immediate serious physical harm. The judge vacated the 209A restraining order and the client was able to see his child that day.
Clerk Magistrate Denies Request For Complaint Charging Lewd And Lascivious Conduct
A neighbor made a report to the local police claiming that the defendant exposed himself in his apartment window when a group of neighborhood children were outside playing. Based on this complaint, a detective conducted interviews and a description of the alleged perpetrator was given. The complainant failed to identify the client/defendant in a photo array. During the hearing, Attorney McCarthy argued vehemently for her client's innocence and the clerk declined to issue the complaint against the defendant.
Attorney McCarthy Prevents The Issuance Of A Complaint For Illegal Possession Of A Controlled Substance During A Clerk's Hearing
A police officer pulled a car over for speeding. For no apparent reason, he ordered the occupants out of the car and searched the vehicle. During the search he found illegal inhalants in luggage. During the clerk's hearing Attorney McCarthy pointed out that because the substance was not currently being "inhaled" no crime had been committed. The Clerk and the Police Prosecutor agreed and no charges were issued against her client.
Client Avoids Conviction For Domestic Assault And Battery
The defendant, a successful businessman, was arrested and charged with domestic assault and battery on his live in girlfriend following a dispute in their home. Following a family party, the complaining witness alleged that her boyfriend pulled her shirt and hair. She further alleged that he pushed her on the bed twice and blocked the door of the bedroom so that she could not leave. According to the police report, when she left the house she slipped on some ice and was treated at the hospital for injuries. The defendant was arrested and in addition to facing criminal charges a 209A restraining order was lodged against him.
Attorney McCarthy conducted extensive investigation relative to the circumstances that led up to the defendant's arrest. The District Attorney's Office ultimately agreed to continue the case for a period of time and provided the defendant does not get rearrested and abides by certain conditions the case will be dismissed.
Illegal Possession Of A Class B Substance Dismissed On Day Of Arraignment
Before a concert police officers approached a car in the Comcast Center parking lot and claimed that they saw the three occupants popping pills. The curious cops questioned the driver and his passengers at which time they claimed that they saw pills on the driver's lap. One of the occupants stated that he believed the pills were "ecstasy" and none of them made it to the concert. All of the disappointed concert goers were arrested. Attorney McCarthy interviewed the clients and negotiated a disposition whereby the cases against her clients were dismissed on the day of the arraignment without having to admit to any facts.
Attorney McCarthy Successfully Litigates Nolle Pros Of An Operating Under The Influence Of Alcohol Case For Out Of State Defendant
The out of state client contacted Attorney McCarthy's office because he was unable to renew his license due to the fact that he had an outstanding OUI case in Massachusetts from thirty years ago. After determining that the arresting officer was still available, Attorney McCarthy filed a motion to suppress evidence. During the hearing it became clear that the arresting officer could not identify the defendant as the driver of the car. The District Attorney's Office entered a Nolle Prosequi.
Attorney McCarthy Secures Pre-Trial Probation For Defendant Charged With Felony Count Of Lewd And Lascivious
According to the police report, based on numerous complaints of citizens Detectives investigated a local area for individuals performing oral sex in a public place. One of the detectives happened upon a pair of males engaged in oral sex off of a well traveled path. The pair was arrested and both were charged with lewd and lascivious conduct. Attorney McCarthy negotiated a disposition whereby the case will be dismissed in one year provided the defendant stays out of trouble. The client did NOT have to make any admission and will not face ANY sex offender registry consequences.
Client Receives Pre-Trial Probation For One Felony Count Of Receiving Stolen Motor Vehicle
The police chased a motor vehicle and the two occupants ran from the car. The client, passenger, was ultimately apprehended. The car in which the young men were in had recently been stolen and the joy ride quickly turned ugly. Both were charged with a felony count of receiving stolen property.
Attorney McCarthy conducted negotiations with the District Attorney's Office. The Commonwealth ultimately agreed to continue the case for one year and ordered restitution and counseling for the client. The client did not have to admit to any facts. Provided he does not get in any trouble in one year and performs the above mentioned conditions the case will be dismissed.
Defendant Avoids Conviction In Domestic Abuse Case
The defendant had a restraining order that prevented him from contacting his wife (plaintiff). After being served with the 209A restraining order the Commonwealth alleged that the defendant sent two text messages to his spouse. Attorney McCarthy thoroughly investigated the case and extensively conferenced the case with the District Attorney's Office. Although the defendant had previous criminal entries on his record, Attorney McCarthy was able to negotiate a disposition whereby the case will be dismissed in two years provided the defendant satisfies certain conditions and does not get rearrested.
Client Avoids Conviction And Mandatory Sentence On Felony Firearm Case
According to the police report, the police responded to an auto body shop on a report of a man with a gun. Upon their arrival, an officer observed an employee of the shop pointing at a man claiming that he had pointed a gun at him. A police officer claimed that he saw the gunman walk away from a parked white truck and ordered other officers to pull the truck over. Officers searched the truck and found a loaded firearm in the glove compartment. The driver, defendant, was charged with illegally carrying a firearm and possession of ammunition. If convicted, the defendant faced a mandatory sentence of eighteen months in jail on the firearm and an on and after sentence on the ammunition count.
Attorney McCarthy filed a number of pre-trial motions including a motion to suppress statements and a motion to suppress evidence. On the day of trial Attorney McCarthy was prepared to fight the charges. The District Attorney's Office proposed a disposition whereby the felony firearm charged would be reduced to a misdemeanor possession charge and the defendant would avoid the possibility of any conviction and NO jail time. Ultimately, the case was continued for two years and the client did not have to pay any fees, did not have to report to probation and could move to another state. As long as the defendant does not get rearrested the case will be dismissed.
Attorney McCarthy Negotiates Dismissal Of Possession Of Controlled Substance and Disorderly Person For Local Businessman
According to the police report, the police saw a man "urinating" in front of a business establishment. The officer claimed that he heard the individual reference "cocaine" (an illegal class "B" substance) when they approached him. The police searched the suspect and found what they believed to be a vial of cocaine, in his pocket. He was arrested and charged with being a disorderly person, apparently due to the public urination, and illegal possession of a class "B" substance. Attorney McCarthy negotiated a disposition in which the case will be dismissed in three months provided the defendant satisfies certain conditions and does not get rearrested. The client did not admit to sufficient facts and the client was able to keep his job!
Attorney McCarthy Negotiates Withdrawal Of An Application For Complaint Prior To A Clerk's Hearing
The plaintiff and the defendant were involved in a personal relationship. Following the break up the plaintiff alleged that the defendant committed forgery and larceny. Attorney McCarthy and the plaintiff's attorney were able to settle the dispute without having to appear in front of a Magistrate.
Felony Count Of Possession Of A Controlled Substance With Intent To Distribute
Police officers pulled a car with teenagers in it over thirteen minutes after receiving a call that a resident found some alcohol at the end of their property. The police speculated that the package had been dropped off by some teenagers to be picked up at a later time. After pulling over a car that happened to be driving down the same street, the police had the driver submit to a portable breathalyzer test, which the driver passed. The police eventually ordered the passengers out of the car and ultimately searched the defendant's purse. The police found marijuana and money in the purse. Following the filing of a motion to suppress evidence and a motion to suppress statement, the case was dismissed and the defendant avoided the possibility of being convicted of a felony.
Attorney McCarthy Successfully Prevents The Extension Of A 209A Restraining Order
The plaintiff and the defendant dated for approximately ten years and had a six year old daughter together. Following a drop off of the child to her father the plaintiff (mother) went to the local police and claimed that the father had threatened to harm her. The father (defendant) contacted Attorney McCarthy immediately and she began interviewing witnesses.
After investigation and interviewing witnesses, Attorney McCarthy appeared in Court prepared to fight for her client. Attorney McCarthy effectively cross-examined the plaintiff, presented witnesses and argued the law. Following the evidentiary hearing, the District Court Judge declined to extend the 209A restraining order.
Attorney McCarthy Successfully Disposes Of Possession Of Marijuana Case For Out Of State Defendant
The Boston Police alleged that they observed a Boston area college student smoking marijuana from a pipe. Upon approaching the surprised student, the police determined that the amount of marijuana appeared to under one ounce, which has been decriminalized in Massachusetts. The student was cited for the offense. Unfortunately, the forgetful student neglected to pay the $100.00 fine before leaving the state and process issued for her to appear in a local district court for a hearing. Attorney McCarthy was able to dispose of the case without requiring the remiss student to return to Boston.
Count Of Operating Under The Influence Of Drugs Dismissed
According to the police report, a police officer conducting a stationary radar observed a car traveling eighteen miles per hour over the speed limit. Upon pulling the car over the officer smelled a strong odor of marijuana. The driver appeared to have red glassy eyes and admitted to smoking marijuana while driving. Ultimately, the car was search and marijuana, a glass pipe and a liter bottle of alcohol. The driver and the passenger were both under twenty-one years old. After the officer conducted "sobriety tests," the driver was arrested and charged with operating a motor vehicle while under the influence of drugs and being a minor in possession of alcohol. After a number of pre-trial hearings and motions, the District Attorney's office dismissed the count of operating under the influence of drugs and the defendant received a continuance without a finding on a count of negligently operating a motor vehicle and being a minor in possession of alcohol. Provided the defendant does not get in any trouble for one year, the case will be dismissed.
Domestic Assault And Battery Count Dismissed Against Female Defendant
The police received a call from a teenager that her mother had hit her father. The police tracked down the address of the caller, who was not home when the police arrived. After interviewing the parents, the caller's mother was arrested for committing an assault and battery on her husband, who was shocked at his wife's arrest. Attorney McCarthy appeared at the arraignment and the case against the woman was dismissed. The defendant was not required to return to court for any future hearing.
Attorney McCarthy Successfully Defends Probationer At Surrender Hearing
The defendant admitted to assault and battery. As terms of his probation he was required to attend and complete a treatment program. The specific program was not delineated as the terms of probation. The defendant entered a program and was being treated when his probation officer served him with a notice of violation. After interviewing the defendant and his counselor at length and reviewing the plea colloquy, Attorney McCarthy aggressively represented the defendant's position to the probation officer. On the day the hearing was scheduled, the probation officer withdrew the violation and the defendant was allowed to continue in his current treatment program.
Attorney McCarthy Negotiates Pre-Trial Probation For Defendant On A Work Visa
The police alleged that the defendant kicked in a door to a pizza shop in the early morning hours. The defendant was identified by the shop owner and employees in the shop. The defendant was placed under arrest and charged with a felony count of malicious destruction of property valued at over $250.00. The defendant was in the United States on a work VISA and a conviction or admission for this type of felony would make him inadmissible to the United States in the event that the left and wanted to return. After lengthy negotiations, the District Attorney's Office agreed to place the defendant on pre-trial probation with the agreement that the case would be dismissed upon the payment of restitution and provided that the defendant does not get rearrested.
Nolle Pros Entered On Case Of Domestic Assault And Battery
A neighbor called the police stating that she heard a female voice screaming for help. The concerned citizen described the location from which she believed the pleas were coming from and the building she thought she saw the female enter. There was no indication that anyone entered the building with her.
Police officers combed the area and eventually entered the defendant's apartment building. The officers forcefully entered the building and entered the defendant's apartment without his permission. Upon entering they saw a woman with some scrapes. She denied that the defendant touched her. After further questioning the woman stated that the defendant pushed her. The defendant was arrested and charged with assault and battery.
Attorney McCarthy conducted an extensive pre-trial investigation and filed a number of pre-trial motions including and evidentiary motion to dismiss. The District Attorney's Office ultimately entered a Nolle Pros and the defendant walked out of the courtroom without any type of admission or conviction.
Shoplifting Charge Dismissed Against Client
The police alleged that the defendant concealed numerous pieces of merchandise in her pocketbook and attempted to leave the store. Upon being confronted by the loss prevention officers the defendant was remorseful. She was nevertheless arrested. On the client's first appearance in court Attorney McCarthy negotiated a disposition whereby the case was dismissed on the payment of court costs. The defendant did not have to admit to sufficient facts and was not convicted of the criminal offense.
Drug Felony Charge Of Possession With Intent To Distribute Heroin Dismissed
The police maintained that a concerned citizen called claiming to witness what she believed was a drug transaction in front of her house. The police arrived and approached the car that the defendant was in. According to the report, the police officer observed the driver's shoulders and arms moving in a "downward motion" as he was staring at the officer. Eventually, the officer ordered the defendant out of the car. Following a search by the police and a "K-9″dog, seven bags of heroin, a BB gun, cotton balls, a needle and powdery residue was confiscated. The defendant was charged with a felony count of possession of heroin with intent to distribute.
Attorney McCarthy investigated the circumstance surrounding the stop, exit order and search of the car and the defendant. She filed a motion to suppress evidence and a motion to dismiss so much of the complaint as alleged "intent to distribute." Following the filing of the motions the Commonwealth dismissed so much of the complaint that alleged "intent to distribute." The misdemeanor charge of possession of heroin will be dismissed in one year provided the defendant satisfies certain conditions and does not get rearrested.
Attorney McCarthy Successfully Prevents Charge Of Conspiracy To Violate The Drug Laws From Issuing Against Client Following A Clerk's Hearing
According to the police report, undercover police officers were conducting a drug "interdiction" in the parking lot of a local mall. The police observed the defendant approach a parked car and eventually place something into his left pocket and start to walk away. The police officers approached the defendant and questioned him. Ultimately, the officers retrieved two bags of "marijuana" from the defendant. The amount of marijuana was less than ounce.
Realizing that the defendant could not be charged with a crime because possession of less than one ounce of marijuana has been decriminalized in Massachusetts, the police summonsed him to appear for a clerk's hearing in which they alleged he committed the crime of conspiracy to violate the drug laws. After hearing the facts and arguments of counsel, the clerk declined to issue the complaint and the charge was dismissed. The defendant did not fact any criminal charges.
Judge Allows Attorney McCarthy's Motion To Dismiss Felony Count Of Open And Gross Lewdness
The police report alleged that the defendant "mooned" a resident assistant after being denied access to a college dormitory. The defendant was arrested and charged with the felony offense of open and gross lewdness.
Attorney McCarthy filed a motion to dismiss arguing that the facts, as alleged by the government, did not constitute open and gross lewdness. She also argued that since no individual had been charged with this offense based on this type of conduct in Massachusetts in the past, the charge must be dismissed because the statute was unconstitutionally vague and violated the due process clause of the Fourteenth Amendment to the United States Constitution and Article 12 of the Massachusetts Declaration of Rights of her client. Following a hearing the judge allowed the motion to dismiss.
Judge Dismissed Domestic Assault And Battery And Felony Charge Of Intimidation Of A Witness Against Client
The police report alleged that the police responded to a report of a past assault on a female. According to the report, the female claimed that she and her husband were involved in a physical altercation inside of a car. She further asserted that her husband tried to grab the phone out of her hand when she tried to call the police for help. The husband was arrested on a warrant and charged with assault and battery and intimidation of a witness. The judge allowed Attorney McCarthy's motion to dismiss after the wife asserted her marital privilege.
Assault And Battery And Assault By Means Of A Dangerous Weapon Charges Dismissed Against Defendant
The defendant's wife claimed that following a physical altercation the defendant pushed her on the ground and slammed her head into the floor multiple times. Despite the fact that the defendant denied the allegations, he was arrested and charged with domestic assault and battery and a felony count of assault by means of a dangerous weapon.
After thoroughly investigating the case, Attorney McCarthy requested a quick trial date. The defense answered ready for trial. The Commonwealth answered not ready for trial and the judge dismissed the case for want of prosecution.
Client Avoids Facing Criminal Charges Following A Clerk's Hearing
The defendant received a summons to appear at a clerk's hearing in which a prior boyfriend claimed that she was threatening and harassing him. Attorney McCarthy represented the defendant at the clerk's hearing. A complaint did not issue however, the client must refrain from contacting the witness for a period of time.
Domestic Assault and Battery And Intimidation Of a Witness Charges Dismissed Against Client
The defendant's girlfriend, and mother of their child, reported that the defendant tried to block her way as she left a room and pushed her. She subsequently went to the hospital for treatment. The police report indicates that the defendant also unplugged the phone when the complaining witness tried to call the police, which prompted the authorities to charge the defendant with intimidation of a witness.
After investigating the circumstances surrounding the incident, including reviewing independent witness statements, the judge dismissed the charges against the defendant after the witness indicated that she could not go forward. All charges against the client were dismissed.
Client Avoids Conviction On Domestic Violence Charge
The police responded to a call for a domestic disturbance in which the defendant was accused of striking a family member in the face. The police arrested the female defendant and charged her with assault and battery. According to the police the defendant appeared to be "intoxicated" and made admissions relative to the assault.
Attorney McCarthy interviewed the client and became familiar with her impressive background and family situation. Armed with this information, Attorney McCarthy negotiated a disposition whereby the defendant was placed on pre-trial probation. Mindful of family obligations for the defendant, Attorney McCarthy ensured that she would be able to travel out of state for family purposes during this time period. The defendant was not required to admit to sufficient facts or admit guilt. As long as she does not get rearrested and satisfies certain conditions the case will be dismissed.
Attorney McCarthy Secures Dismissal Of Domestic Assault And Battery Charge
The defendant's wife alleged that the defendant hit her. The defendant was charged with a felony count of assault by means of a dangerous weapon. A conviction or admission to any type of felony would likely have had an effect the defendant's employment. Attorney McCarthy conducted extensive interviews with the defendant and investigated the facts surrounding the case. Although the defendant's wife desired to invoke her marital privilege and not testify against her husband, the District Attorney's Office initially indicated that they would go forward based on the defendant's statement and the contents of the "911" call. Attorney McCarthy presented arguments supporting that the "911" statements were inadmissible. The Commonwealth dismissed the charges against the defendant.
District Attorney Dismisses Domestic Assault And Battery Charge Against Successful Businessman
The police report alleged that the police were dispatched to a home for a "domestic in progress." The defendant's wife claimed that the defendant struck her during an argument that lasted over the course of an evening. Although the defendant denied hitting his wife, he was arrested and charged. The incident allegedly took place in the presence of the couple's child. For that reason, the Department of Family Services was contacted by the police and the charges were investigated by that agency.
The client contacted Attorney McCarthy who promptly investigated the allegations and counseled the defendant on the appropriate course of action. Attorney McCarthy became familiar with the defendant's upstanding and impressive background and presented the information to the court. The case was dismissed.
Judge Dismisses Domestic Assault And Battery Charge Against Local Businessman
The defendant was charged with assault and battery following a domestic dispute that the complaining witness claimed turned physical. The witness claimed that the client and another co-defendant cursed at her and struck her causing injuries to her face. Witnesses were interviewed and the case was investigated with the expectation that the client would go to trial and be found not guilty. After thoroughly preparing, Attorney McCarthy answered ready for trial on two occasions. When the Commonwealth was not prepared on the second trial date the judge allowed Attorney McCarthy's motion to dismiss.
Charge Of Operating Under The Influence To Be Dismissed
The police alleged that the car driven by the defendant was "unable to stay in the middle lane." The officer pulled the car over and claimed that the defendant had bloodshot and glassy eyes and admitted to alcohol consumption. The police officer administered field sobriety tests that he claimed the defendant did not pass. The defendant took the breathalyzer which was well above the legal limit. Attorney McCarthy negotiated a disposition in which the case will be dismissed in one year provided the defendant satisfies certain conditions and does not get rearrested.
Attorney McCarthy Represents Plaintiff And Successfully Argues For Issuance And Extension Of A Harassment Prevention Order
The plaintiff had been receiving offensive, disturbing and harassing messages from the defendant through a variety of electronic devices and outlets for a number of years. She retained Attorney McCarthy to assist her in applying for and presenting her case for a Harassment Prevention Order. Attorney McCarthy reviewed the information from the plaintiff and engaged in lengthy pre-hearing discussions. During the Harassment Prevention Order hearing the plaintiff was able to demonstrate that the defendant committed three or more acts that were willful and malicious, were aimed at her, were intended to intimidate her and did in fact intimidate her. The judge issued the Harassment Prevention Order which was extended for one year at the extension hearing.
Clerk Denies Complaint For Criminal Harassment Following Clerk's Hearing
The defendant received a summons to appear for a clerk's hearing in which she was alleged to have harassed a young woman. According to the police report, the defendant and the plaintiff were involved in a series of "harassment issues" over the past few years. The tension between the parties related to the fact that the defendant was dating the plaintiff's former boyfriend.
Attorney McCarthy spoke to the defendant, reviewed evidence including text messages and other published information and conducted relevant interviews to prepare for the clerk's hearing. During the hearing Attorney McCarthy successfully demonstrated that the defendant was actually the victim and the person that has been harassed over the past few years. Following the hearing, the clerk agreed with the defendant's position and declined to issue the complaint against the defendant. Thus, the defendant avoided being charged with a crime and being arraigned.
Attorney McCarthy Successfully Prevents Complaint Of Larceny Of Property From Issuing Following A Clerk's Hearing
Local police received a report that a stolen electronic device was available for sale on the internet. Police officers, acting undercover, investigated and ultimately negotiated the purchase of the item from the defendant. The defendant appeared at a prearranged time and location to sell the device to what he believed was a legitimate customer. When the defendant arrived at the scene, the detectives approached him and he eventually admitted that he had stolen the item. The defendant received a summons to appear for a clerk's hearing at a local courthouse.
The defendant, legitimately distraught over the incident, retained Attorney McCarthy to represent him at the clerk's hearing. During the hearing Attorney McCarthy explained the positive contributions the contrite defendant had made to the town over the past few years and the defendant demonstrated his genuine remorse. Following the hearing the clerk declined to issue the complaint provided that the defendant wrote a letter of apology to the victim and the police officers and stayed out of trouble. The defendant was never charged with a crime.
Attorney McCarthy Successfully Argues For Extension Of 209A Restraining Order For Male Plaintiff
A male plaintiff retained Attorney McCarthy to represent him at an extension hearing relative to a 209A restraining order. The male plaintiff and the female defendant had been involved in a dating relationship on and off for approximately seven years and both of their names were on the deed to the house that they shared. Following an argument in which the plaintiff claimed the defendant pointed her finger in his face, head butted him and threatened to burn the house down with him in it, the defendant sought a temporary restraining order. The ordered required that the defendant stay away from the defendant and the home.
Upon receiving the order the defendant filed a motion to vacate the restraining order. During the hearing the defendant took the position that the restraining order was a method to improperly prevent her from living in her home. Attorney McCarthy successfully argued that although the male plaintiff was larger than the defendant and it is not typical for a man to be the plaintiff, he was in a no win situation if the order was not extended. In this case, the plaintiff, who testified that he was in fear that the defendant would harm him, risked becoming a defendant in a criminal case for assault and battery if he was forced to defend himself against the defendant. Following an evidentiary hearing and arguments from Attorney McCarthy the District Court Judge extended the 209A restraining order. The defendant must stay away from the plaintiff and out of the home until the order expires.