Case Results » 2014

  • Judge Allows Defendant's Motion To Dismiss Charge Of Violation Of A M.G.L. Ch. 258E Harassment Prevention Order Prior To Arraignment

    Following a clerk's hearing a clerk issued a criminal complaint against a hearing impaired defendant for violating a restraining order. Client retained Attorney McCarthy who reviewed the circumstances of the hearing and filed a motion to dismiss the criminal complaint because the defendant was denied due process because he could not hear what transpired at the clerk's hearing. The judge allowed the motion which allowed the defendant to keep any entry off a board of probation record. Despite facing a criminal charge, the defendant walked out of the courthouse without a criminal record.

    Read More in Harassment Prevention Orders

  • Attorney McCarthy Prevents Continuation Of 209A Restraining Order

    The plaintiff applied for a restraining order claiming that the father her child was "abusive" and that she was afraid of him. Attorney McCarthy represented the defendant at the hearing.  After the plaintiff testified Attorney McCarthy effectively argued that she failed to demonstrate that even if the judge believed what the plaintiff stated, there was not enough evidence to establish that the plaintiff was put in reasonable fear of immediate serious physical harm.  The judge agreed and the restraining order was vacated without the defendant having to testify.

    Read More in 209A Restraining Orders

  • Client Charged With Domestic Assault And Battery Avoids Conviction

    A husband called the police alleging that his wife had hit him with a toy. The husband had videotaped his spouse throughout the day. Upon arrival the police interviewed the parties, viewed the videotape and arrested the wife.

    Although the husband did not want the case to proceed, the prosecution maintained that it could proceed with the videotape. Attorney McCarthy engaged in negotiations with the District Attorney's Office and an agreement was made in which the defendant did not have to admit to ANY facts and the case would be dismissed in a year provided she abided by certain conditions. The client did not have to admit to any fact, she did not have to plead guilty and she did not have to attend the Batterer's Program.

    Read more in Domestic Assault and Battery

  • Client Avoids Being Charged With Violating A Restraining Order After Clerk-Magistrate's Hearing

    The complaining witness alleged that her former boyfriend [client] contacted her through a third party following the issuance of a Harassment Prevention Order. Out of state received a summons to appear for a "Clerk Magistrate's Hearing" in a local courthouse. The alleged violation was an email sent from a computer that was not the defendant's.

    Attorney McCarthy interviewed witnesses and compiled documentary evidence illustrating that the email was not sent by the defendant—but by another disgruntled former girlfriend. The former girlfriend was apparently contacting a number of the client's former lovers in an effort to understand their break up.

    Following the hearing the clerk did not issue the complaint. Provided that the defendant continues to abide by the restraining order the case will be completely dismissed. The client was NEVER arraigned and there will be no entry on his board of probation record.

    Read more in Restraining Orders

  • Clerk-Magistrate Does Not Issue Threats Complaint Against Client

    The client was accused of threatening a former boss on a voice message. Attorney McCarthy spoke at length with the client and secured background information on both parties. On the day of the hearing, the clerk declined to issue the complaint. There will be NO entry in the client's probation record that he was ever accused of this crime.

    Read more in Is There A Crime Of Threats In Massachusetts?

  • Clerk-Magistrate Doe Not Charge Clients With Felony Count Of Malicious Destruction Of Property Valued Over $250.00

    The clients' attempts to enjoy a beautiful fall day were disrupted by requests that they move faster through the golf course. After leaving the course the surprised golfers received a summons to appear for a clerk's hearing for allegedly causing damage to the greens. Attorney McCarthy represented the clients and following the hearing no complaint issued against them. The clients avoided facing a judge for the felony charge of malicious destruction of property over $250.00 to wit—a golf course.

    Read more in The Massachusetts Crime of Malicious Destruction of Property

  • Non-Citizen Client Avoids Arraignment For Felony Charge Of Larceny Over $250.00

    A loss prevention officer accused a young college student of taking the tags off of expensive clothing from a high end department store. The local police were called and the individual was arrested. The police initially applied for a complaint for shoplifting however, the clerk issued a complaint charging the client with larceny over $250.00.

    The client was not a citizen and therefore, any type of entry could affect the individual's travel plans and potentially interfere with him or her becoming a citizen. The client faced criminal charges that could have significant collateral consequences with Immigration. Recognizing the potential penalties of having any type of entry, Attorney McCarthy zealously presented the case to the court and the case was continued for a few months without the client being arraigned. Provided the client does not get in any trouble the case will be dismissed without any type of criminal history entry.

    Read more in Larceny

  • Client Avoids Arraignment On Charges of Minor In Possession Of Alcohol, Disturbing the Peace and Procuring Alcohol To A Minor

    The police responded to a report of noise coming from a household. Upon arrival, the police questioned the homeowner and entered the apartment. Upon viewing alcohol and guests that were allegedly under twenty-one, the police arrested the primary resident of the home and charged the individual with the above criminal charges. Attorney McCarthy represented the client who had NO prior criminal record and negotiated a disposition whereby the client was not arraigned. Provided certain conditions are satisfied the client will avoid facing a judge and no criminal charges will issue.

    Read More in Minor in Possession of Alcohol

  • Shoplifting Case Dismissed

    According to the police report the defendant was suspected of stealing groceries from a chain superstore for a period of time. A store manager called the local police when he believed that the individual left the store without paying for the groceries in the cart. The individual was arrested and charged with shoplifting. Attorney McCarthy vigorously represented the client and the case was dismissed on minimal court costs.

    Read more in Shoplifting Defense

  • Client Avoids Conviction For Felony Charge Of Larceny From A Building

    The police report alleged that a Company suspected employee theft for a period of time and place surveillance cameras inside of the building. A manager accuses a worker of taking property belonging to the company and smuggling it out underneath clothing. The company provided a video that depicted the employee leaving the building with a "bulge" under the clothing. The employee faced one count of larceny from a building.

    Attorney McCarthy represented the client on a number of court dates and advocated on behalf of the client. Ultimately the client avoided any type of conviction and the case is to be dismissed provided certain conditions are satisfied.

    Read more in Larceny

  • Possession Of Heroin Case To Be Dismissed

    The police approached a motor vehicle in a hotel parking lot and apparently "startled" the occupants. Claiming "safety concerns" the uniformed officer ordered the occupants out of the car and handcuffed them. Up to this point, the police had not received ANY information that the pair was involved in any type of crime and they were not behaving suspiciously. After back up arrived, the police searched the car and found what was identified as heroin in a space under the radio and other evidence identified as "drug paraphernalia."

    Attorney McCarthy represented the passenger and filed a motion to dismiss for lack of probable cause to arrest and a motion to suppress evidence claiming that the police had NO reason to order the occupants out of the car and NO probable cause to search the vehicle. On the day of the hearing the judge proposed a general continuance for a short period of time. The client was NOT required to admit to any facts. The case will be dismissed in three months provided the defendant does not get rearrested. The client left court without a conviction or any type of finding.

    Read more in Possession

  • Attorney McCarthy Successfully Represents Harassment Prevention Order Client [M.G.L. 258E]

    A defendant on a M.G.L. 258E Harassment Prevention Order moved to have the order vacated based on an alleged "fraud" perpetrated on the Court. The plaintiff secured Attorney McCarthy to represent her at the hearing to ensure that this did not happen. The defendant simply claimed that the order should be vacated because a judge did not extend the order and its presence interfered with the defendant's ability to secure employment. Attorney McCarthy vigorously argued against having the judge vacate the order citing that the defendant's inability to secure work was not a reason to conclude that a fraud was perpetrated on the court. Following oral argument the judge agreed with McCarthy and the order was not vacated.

    Read more in Harassment Prevention Orders (G.L.C. 258E)

  • Case Of Domestic Assault And Battery Dismissed

    The police report alleged that the police were dispatched to a location for a report of a domestic between a husband and wife. The police received information that the husband had pushed the female out of the house. After interviewing the parties the defendant, husband, was arrested and charged with assault and battery.

    Attorney McCarthy interviewed involved parties and prepared for trial. On the day of the trial the case was dismissed.

    Read more in Domestic Assault and Battery

  • Client Avoids Conviction For Operating Negligently To Endanger On Arraignment Date Despite History With The Courts

    Client was charged with operating a motor vehicle negligently so that the lives and safety of others were endangered. According to the police report the police responded to the scene of a car accident. It was determined that the client's car had driven into a parked and unoccupied car.

    Attorney McCarthy appeared with the client on the date of arraignment. She discussed the client's impressive employment history and educational background and case with the police prosecutor at length. The client had previous entries including charges for operating under the influence and possession of a controlled substance with intent to distribute. Depsite this history, the police prosecutor agreed to continue the case for a period of time and provided the client does not get rearrested the case will be DISMISSED. The client walked out of the courtroom without a criminal conviction—AGAIN!

    Read more in Miscellaneous Crimes

  • Attorney McCarthy Secures Dismissal Of A Felony Charge Of Possession Of A Controlled Substance With Intent To Distribute And Conspiracy To Violate Drug Laws

    The police report alleged that a police officer observed a car with a cracked windshield which prompted him to pull the car over. The driver produced his license and registration. In the report, the officer claimed that the driver appeared nervous and therefore, he called for back up and a drug sniffing dog. When back up arrived the officer searched the vehicle and found what he believed was a controlled substance in separate plastic baggies and money in a "hidden compartment" near the radio. The driver was arrested. The driver told the officer that the car was his girlfriend's car. The girlfriend was summonsed into the court and charged with the above offenses.

    The girlfriend promptly retained Attorney McCarthy to represent her. Attorney McCarthy moved to have the case dismissed because there was no probable cause to charge her with any crime. The client was not at the scene and there was NO evidence when the alleged contraband was placed in the car. McCarthy also filed a motion to suppress all evidence alleging that the client's state and federal constitutional rights were violated by the illegal stop and search of the car.

    After hearing Attorney McCarthy on the motion to dismiss the judged ALLOWED the motion and the case was dismissed.

    Read more in Possession of Drug Paraphernalia with Intent to Sell

  • Attorney McCarthy Successfully Argued That Roommates Were Not "Household Members" Pursuant To A 209A Restraining Order And Judge Vacated Order

    The plaintiff and the defendant were roommates in a rooming house with shared living space but individual bedrooms. The plaintiff alleged that the defendant "grabbed" her arm during an argument and "stole" a house painting. The District Court judge issued a temporary order and then extended the order following an evidentiary hearing.

    Following the extension hearing, the defendant hired Attorney McCarthy. Attorney McCarthy filed a motion to reconsider the issuance and extension of the order. Recently, The Massachusetts Supreme Judicial Court [SJC] issued the opinion of Silva v. Carmel, 468 Mass. 18 (2014). In this opinion the SJC explained more precisely the type of relationship the civil 209A restraining orders were designed to protect. The Court focused on what constitutes "residing together in the same household." In Silva, the litigants were both residents in a state run facility and the Court held that they did not enjoy the type of domestic relationship that the statute was aimed to protect. The decision emphasized the importance of a "family" type setting and an "interdependent social relationship." Both elements that the Court held were lacking in the "roommate type" situation in Silva.

    During the hearing on the motion to reconsider for her client, Attorney McCarthy argued that her client and the plaintiff were simply "roommates" and did not enjoy the type of "family relationship" that the statute was written to protect and accordingly, the order should be vacated. The judge agreed and the order was terminated effective immediately.

    If you have been served with a restraining order of any type and want experience, skill and a knowledge of the most current law on your side contact Attorney McCarthy at 978-975-8060 or on line and she will get to work on your case immediately.

    Read more in Restraining Orders

  • Attorney McCarthy Successfully Defends Client And Judge Vacates 209A Restraining Order

    A client's former boyfriend alleged that she was following him to bus stations, followed her to a "T" station and would not leave her alone. Based on these allegations, a District Court Judge allowed a temporary 209A Restraining Order to issue against her.

    Client engaged Attorney McCarthy to defend her in this civil restraining order case at the extension hearing. Attorney McCarthy's investigator secured the videotape from the "T" station that depicted the PLAINTIFF following her as she tried to elude him. The restraining order against the defendant was vacated.

    Read More in Restraining Orders

  • Charge Of Illegal Possession Of Counterfeit Money And Uttering Counterfeit Money Dismissed

    A prospective customer passed a twenty-dollar bill to a store clerk that the clerk determined was a counterfeit bill. The customer explained that he received the bill from a friend and asked the clerk to check a second bill that was determined to be counterfeit. The unhappy customer returned to his friend and explained the situation and they all left the scene. The store clerk kept the alleged counterfeit bills.

    The rejected customer went to the police station and explained that he received the bills from an ex-girlfriend and was not aware that they were counterfeit. The police questioned the former girlfriend and ultimately charged her and a third person with the above charges.

    The former girlfriend retained Attorney McCarthy who immediately reviewed all of the police reports and related discovery. It became clear that the Commonwealth could NOT prove all of the elements of the crimes against her client. McCarthy vigorously explained her client's position to the Assistant District Attorney and the case against her client was dismissed. The client did NOT have to admit to any facts or even pay court costs.

    Read More in Miscellaneous Crimes

  • Case Of Operating Under The Influence Of Alcohol To Be Dismissed

    The police report alleged that a police officer observed a car commit a traffic violation in the early morning hours. Upon witnessing the traffic infraction he pulled the car over. According to the report, the car travelled over the curb. The officer claimed to smell an odor of alcohol and claimed that the driver had trouble producing his license and registration. The officer eventually ordered the driver out of the car. He claimed that the operator of the car could not successfully complete the one leg stand, the walk and turn or recite the alphabet and charged him with operating under the influence of alcohol.

    Attorney McCarthy reviewed the discovery with the client. After evaluating all options and the client's needs, including the necessity of the defendant to have a driver's license, the client opted to dispose of the case promptly so that he could secure a "Cinderella," "Hardship License, " or "Twelve-Hour License" for work. The case was continued for one year without a finding of guilty entering. After one year, provided certain conditions are fulfilled, the case will be dismissed. The client did not get convicted of any crime.

    Read more in DUI

  • Criminal Charge Of Leaving The Scene Of An Accident After Causing Property Damage Dismissed Prior To Arraignment

    The defendant received notice that he was to appear in court for an arraignment on the charge of leaving the scene after causing property damage. Attorney McCarthy secured the police report prior to the arraignment. Based on the police report, it was clear that the district court clerk was not presented with enough evidence to find probable cause to issue the complaint. The defendant was NEVER identified as the driver of the car in question.

    Attorney McCarthy filed a Motion to Dismiss the charge prior to the client's arraignment. Upon review of the motion the Commonwealth agreed with her position and the case was dismissed PRIOR TO ARRAIGNMENT. This disposition is significant because the case will not appear on ANY criminal history search done on the defendant in any search –including a search by law enforcement.

    Read more in The Massachusetts Crime of Malicious Destruction of Property

  • Felony Charge Of Larceny Over $250.00 Dismissed At Arraignment

    The police report alleged that a Lowell woman stole over six-hundred dollars worth of merchandise including, jewelry and children's clothing, from a department store. The woman was apprehended as she exited the store with her children and arrested.

    The defendant contacted Attorney McCarthy. Attorney McCarthy appeared in Lowell District Court and immediately advocated for dismissal on her client's behalf. Based on the police report and the client's lack of record Attorney McCarthy maintained that the case was really a simple shoplifting case and should be dismissed. The prosecutor ultimately agreed and the case was dismissed on the day of arraignment. Any worries relative to immigration or employment consequences disappeared with the case.

  • Case To Be Dismissed Against Client Who Faced A Mandatory Prison Sentence For Possession With Intent To Distribute Marijuana In A School Zone

    According to the police report, police responded to a downtown Boston apartment because of a call for a home invasion. Upon entering the apartment and arresting the alleged perpetrators, the officers observed what they believed to be drug paraphernalia. The police secured a search warrant.

    During the execution of the search warrant marijuana plants, tents, scales and baggies were confiscated from the apartment. Some of the items were confiscated from a room that the police believed belonged to the defendant, although he was not present during the incident or execution of the warrant.

    The defendant was charged with the above offenses. Attorney McCarthy successfully litigated a motion to dismiss the school zone portion of the charge during the initial stages of the case. The potential for serving a mandatory jail sentence was removed early on in the case much to the client's pleasure.

    After persuasive advocacy on Attorney McCarthy's part the prosecutor reduced the case to one count of possession of marijuana that will be dismissed provided the defendant satisfies certain conditions and does not get rearrested. The client avoided conviction and a mandatory jail sentence.

  • Felony Charge Of Larceny From A Building To Be Dismissed

    The prosecution claimed that the defendant, who worked at a bakery, stole a substantial amount of scrap metal and related products valued at over $30,000.00 from the company. Attorney McCarthy conducted lengthy pre-trial investigation and litigated numerous relevant motions. Based on strong advocacy by Attorney McCarthy the prosecutor agreed to continue the case for a period of time. Providing that the agreed upon restitution is paid the case will ultimately be dismissed against the client.

  • Client Avoids Conviction In Domestic Violence Case

    A Lowell woman faced charges of multiple counts of assault and battery on her adult daughter. The client contacted Attorney McCarthy after a clerk issued charges against her.

    The complaining witness alleged that her mother committed an assault and battery against her on several occasions. Despite the serious allegations, Attorney McCarthy litigated the case an ultimately resolved the case for her client with a dismissal of one count and NO convictions for the remaining two counts. Provided the defendant satisfies certain conditions the case will ultimately be dismissed.

  • Charge Of Violation Of Restraining Order Dismissed Prior To Arraignment

    The complaining witness applied for – and was issued –a 209A restraining order against a former boyfriend. The woman claimed that her former love interest had "put in reasonably fear of immediate bodily harm" based on alleged attempts of contact through various forms of electronic media. Although the unsuspecting former boyfriend was NEVER notified of the initial hearing or the extension hearing a judge entered a 209A order against the defendant ordering him to stay away from the complaining witness, her home, her place of employment and not to contact her.

    Unfortunately for the defendant, the ex-girlfriend claimed that he contacted her through electronic media after the final extension hearing. The court issued a warrant for the out-of-state defendant's arrest. Upon hearing of the warrant, the defendant immediately contacted Attorney McCarthy who arranged to have the defendant appear before the court to remove the warrant as soon as possible.

    Attorney McCarthy also filed a Motion to Dismiss the Charge prior to arraignment because there was no probable cause to have the complaint issue. The Commonwealth failed to establish that the defendant knew about the pertinent terms of the order at the time of the alleged violation. The judge agreed and the case was dismissed prior to arraignment. Thus, this offense will NOT appear on any criminal record background check done by law enforcement or any potential employer.

  • Attorney McCarthy Secures Dismissal Of Operating To Endanger And Leaving The Scene Of An Accident After Causing Property Damage

    According to the police report, a the police received information that a car, driven by the defendant, had hit a small tree in the downtown section of a small town. Upon approaching the car the police reported that the defendant appeared very confused, the officer smelled an odor of alcohol and noticed that the defendant's eyes were glassy and bloodshot. The defendant exited the vehicle and the officer reported that he was extremely unsteady on this feet and admitted to drinking alcohol. The defendant elected to take the breathalyzer test and the reading registered over .20. The defendant was charged with operating under the influence of alcohol, operating a motor vehicle so that the lives and safety of the public was endangered and leaving the scene of an accident after causing property damage.

    Attorney McCarthy advocated strongly for the defendant and stressed his commitment to the community and that he was hard working in his employment and in school. The Commonwealth agreed to dismiss the counts of operating to endanger and leaving the scene of an accident. The operating under the influence of alcohol charge was continued for a period of time and provided the defendant satisfies certain conditions the case will be dismissed. Despite facing multiple serious charges, the defendant walked out of the courtroom without a conviction.

  • Clerk Fails To Issue A Complaint For Keeping A Disorderly House

    Due to noise complaints by neighbors, the police arrived at the defendant's house. During the course of investigating the source of the complaints the police entered the defendant's house and observed open beer cans and the house in disarray. The occupants of the home were not present when the police entered. Based on information gathered from individuals present the defendant was summonses to court to fact one count of keeping a disorderly house.

    Historically, this charge was lodged against individuals that were using a home or establishment to conduct "immoral" businesses. Recently, the police have charged defendant's [home owners] with this crime when it appears that a party has become out of control. Although the term "keeping" suggests that there must be more than one incident of the complaining behaviour—local courthouses routinely issue complaints based on one gathering that apparently got out of hand.

    In this case, following the clerk's hearing, the clerk agreed not to issue the complaint against the client provided certain conditions are satisfied. The client will avoid arraignment and therefore any record of this charge once the conditions are satisfied.

    April 2014

  • Clerk-Magistrate Denies Commonwealth's Application For A Criminal Complaint

    The defendant was accused of traveling through a stop sign without stopping. During the roadside stop, the police discovered that the driver's license was suspended. The car was towed and the motorist was told that he would receive a summons in the mail for the criminal charge of operating a motor vehicle while his license was suspended. The defendant received notice to appear in court in due course.

    Upon investigation it became clear that the client did not know that his license had been suspended for an unpaid ticket. Attorney McCarthy explained the circumstances to the clerk-magistrate and the criminal complaint did not issue against the client.

    Pre-Trial Probation Secured For Defendant Charged With Sex For A Fee

    The defendant was accused of arranging to have sexual relations with an attractive under cover female detective. The defendant enjoyed a strong marriage and was gainfully employed. The defendant wanted to avoid any type of admission or conviction that could interfere with employment opportunities.

    The office engaged in lengthy negotiations with the District Attorney's Office. Due to persuasive letters and aggressive lawyering the Commonwealth ultimately agreed to place the defendant on pre-trial probation. Thus, he did NOT have to admit to sufficient facts or plead guilty. Provided the defendant satisfies certain conditions the case will be dismissed. The client walked away from the courthouse without a conviction or any type of admission.

  • Attorney McCarthy Secures Dismissal Of Possession Of Heroin

    The police arrested the defendant following a "sting" in which he was charged with illegal possession of heroin. The defendant had NO previous involvement with the criminal court system. Attorney McCarthy litigated a motion pursuant to Massachusetts General Laws Chapter 11E section 10 which can be filed when it is a defendant's first time being charged with a drug-related offense. Attorney McCarthy persuaded the judge to continue to the case for a short period of time while the defendant continued drug counseling. Provided the defendant continues in the program the case will be dismissed. The client did NOT have to admit to facts or plead guilty.

  • Defendant Charged With Negligent Operation And Racing A Motor Vehicle Avoids Conviction

    The police report alleged that concerned motorists reported that there was a group of "small racing type vehicles" stopping traffic on Route 95 North. Police claimed to have witnessed at least "six" cars stopped across all lanes of traffic and two "unidentified vehicles" rapidly accelerate away from the group in an "apparent drag race."

    A State Trooper caught up with the vehicles and apparently identified some of the drivers who he believed were involved in the incident. The defendant was charged with negligent operation of a motor vehicle and racing a motor vehicle.

    Attorney McCarthy filed a motion to dismiss alleging the police report did not contain enough facts to establish probable cause that a crime had been committed. After litigating the motion the Judge continued the case for a period of time and as long as the defendant satisfied certain conditions, including not getting rearrested, the case will be dismissed. Although the District Attorney requested that a guilty finding enter, Attorney McCarthy successfully persuaded the judge not to enter a guilty finding. Due to the skill and hard work of Attorney McCarthy the defendant was not convicted of ANY crime.

  • Charge Of Illegal Possession Of Heroin And Knowingly Being Present Where Heroin Is Kept Dismissed Against Client

    Police Detectives in downtown Lawrence approached a car based on observations made during a surveillance operation. The police engaged in conversation with the occupants of the car and ordered them to exit the vehicle. The police claimed to observe a "brown substance" believed to be heroin and a needle cap inside of the car.

    Attorney McCarthy presented the defendant's favorable background and the questionable exit order and search of the car by the police. Based on the facts of the case, a viable motion to suppress evidence because the police violated the defendant's constitutional rights by ordering her out of the car and conducting a search could be filed. Recognizing the deficiencies in the case the Commonwealth agreed to a dismissal of the criminal charges against the defendant.

  • Attorney McCarthy Successfully Vacates Harassment Prevention Order [M.G.L. c. 258E] In The Massachusetts Supreme Judicial Court

    The Supreme Judicial Court [SJC] recently reversed an Appeals Court decision and agreed with Attorney McCarthy that the expiration of a Harassment Prevention Order while the case was pending does NOT render the appeal moot. See, Smith v. Mastalerz SJC-11039. Furthermore, Attorney McCarthy successfully convinced the Court that there was not enough evidence presented to the District Court judge to issue and extend the order. The case was "remanded" to the county court for proceedings "consistent with the opinion."

  • Charges Of Domestic Assault By Means Of A Dangerous Weapon Dismissed Against Client

    On Christmas Eve an upset spouse called the police claiming that his wife assaulted him with a knife. When the police arrived the husband "changed his story". The woman was arrested and charged with domestic assault by means of a dangerous weapon. Ultimately, the pair described the incident as a simple misunderstanding. Attorney McCarthy negotiated the dismissal of the charges against the defendant. Due to Attorney McCarthy's persistent advocacy the case was dismissed on the first court appearance following the arraignment.

  • The Massachusetts Appeals Court Affirms The Extension Of A Harassment Prevention Order [M.G.L. 258E] For Clients

    The plaintiffs successfully secured a restraining order in the Lawrence District Court. Following a lengthy evidentiary hearing the Judge extended the order for three years. The defendant appealed the order and the plaintiffs retained Attorney McCarthy to litigate the appeal in the Massachusetts Appeals Court.

    The defendant claimed that the series of events described by the plaintiffs did not satisfy the statute [M.G.L. 258E] relative to demonstrating "harassment." Attorney McCarthy submitted a detailed brief and presented persuasive oral argument that the conduct of the defendant was "harassment." The Appeals Court agreed and the order of the District Court extending the order for three years was affirmed.

  • District Court Dismisses Possession Of A Class "A" Substance Charge

    A college freshman accompanied a friend to downtown Lawrence. Police officers approached the car and ordered the occupants out. The defendant/client was the passenger. The police searched the car and found a packet of what they believed was heroin in the area of the front passenger seat. Attorney McCarthy stressed the questionable nature of the stop and exit order and the Commonwealth agreed to a straight dismissal of the case.

  • Attorney McCarthy Secures Dismissal Of Charge Of Illegal Possession Of Ammunition

    A State Trooper pulled over a car driven by the defendant for a traffic violation. The Trooper ordered the driver [defendant] and the passenger out of the car. After searching the car a Trooper retrieved one round of ammunition from the glove compartment of the car that was not owned by the defendant. Attorney McCarthy filed a Motion to Dismiss and A Motion to Suppress Evidence. The Commonwealth eventually moved to dismiss the charges against the defendant.