Case Results » 2015
Case To Be Dismissed Against Client Charged With Domestic Assault And Battery [M.G.L. ch. 265 section 13M]
An estranged couple had difficulty appropriately dividing property in the marital home. A chance encounter on the property led to an altercation and the husband being charged with domestic assault and battery.
Our office reviewed relevant documents and conducted a thorough investigation of the facts that led to the charges. Following discussions with the District Attorneys Office the parties agreed to a general continuance for a short period of time followed by the dismissal of the case. The client did NOT have to admit to sufficient facts or go to trial and the case was dismissed.
Read More in Violent Crimes
Clerk Does Not Issue Complaint For Illegal Possession Of A Class "A" Substance [Heroin] M.G.L. ch. 94 section 34
A middle-aged defendant was summonsed to court for illegal possession of a Class "A" substance. During the hearing, our office advocated that the complaint not issue as the defendant had no criminal record and had addressed his addiction issue. The clerk did NOT issue the complaint. As long as the defendant does NOT get charged with another crime within a short period of time he will NOT have to face a judge. The client avoided any entry on his board of probation record.
Read More in Clerk Magistrate Hearings
Out Of State Client Clears Up A Twenty-Two Year Default Warrant Removed And Case Resolved On Same Day
Upon applying for a renewal of his license, the applicant was told that he had an outstanding default warrant in Boston and could not get his license renewed. Although the warrant was for a relatively minor offense [operating after his license was suspended M.G.L. ch. 90 Section 23] the court would not removed the default without the defendant appearing in court.
Attorney McCarthy reviewed the relevant paperwork and negotiated the case with the District Attorney's Office prior to having the case called in the courtroom. When the case was called the District Attorney moved to have the case dismissed. The client walked out of the courtroom without ANY type of admission or conviction in spite of the fact that the case was over twenty years old.
Case Of Domestic Assault And Battery [M.G.L. ch. 265 Section 13M] Dismissed Against Client
A dispute between domestic partners turned into a criminal case when the police responded to an apartment building following a call for a domestic dispute. Upon arrival the police encountered two males, both of whom had fresh injuries. After interviewing both parties, the police made a judgement call and arrested on of the individuals. The police made the arrest despite the fact that neither one wanted the other one arrested.
Massachusetts recently amended its assault and battery statutes and created a new crime of domestic assault and battery as opposed to straight assault and battery. The significant change relates to the sentencing structure which requires that a sentence included referral to a state certified batterer's intervention program, unless a judge makes specific findings that it is not necessary. This program is time consuming and expensive. Thus, avoiding any type of disposition with this type of case is important.
Here, after interviewing the witnesses and preparing the case a trial date was set. Attorney McCarthy answered ready for trial. The alleged victim retained an attorney and based a reading of the police report it was clear that he had a Fifth Amendment privilege not to testify at trial. The privilege was asserted and the case was dismissed.
Client Avoids Conviction For Illegal Possession Of A Class "B" Substance [Cocaine] M.G.L. ch. 94 Section 34
A ride home on the MBTA took a bad turn when and undercover police officer alleged that he saw white powder on a suspects nose and a vial fall from the passengers lap. The police approached the individual and ultimately searched him and retrieved, what the cops thought, was cocaine. The man was charged with possession of a class B substance.
After interviewing the client at length, Attorney McCarthy appeared in court and vigorously advocated for a disposition that did not require the defendant to admit to any facts or get a criminal conviction. McCarthy stressed the client's lack of a criminal record and stellar work history. The District Attorney ultimately agreed to a dismissal of the charge against the defendant.
Read More in Drug Crimes
Successful Businessman Charged With Disorderly Conduct And Assault And Battery On A Train Conductor Avoids Arraignment
After a long day at work, a tired passenger became upset when the Train Conductor missed his stop. The Conductor alleged that the disgruntled customer became enraged and disorderly and ultimately struck him in his futile attempt to get off of the train. A bad day became worse for the tired patron when the police arrested him which made his last stop the police station.
Our office appeared in the local district court for the client's arraignment the following morning. The defendant faced charges of assault and battery [M.G.L ch. 265 Section 13A] and being a disorderly person [M.G.L. ch. 272 Section 53]. Chalking the experience up as an aberration, Attorney McCarthy negotiated a disposition in which the criminal charges were dismissed PRIOR TO ARRAIGNMENT provided the client completed community service. As a result of this disposition the client avoided the creation of a Board Of Probation record.
Read More in Violent Crimes
Court Allows Motion To Dismiss Prior To Arraignment For Illegal Possession of A Class "A" [Heroin] Substance
An absent minded individual left his wallet at a gas station after filling his tank. A civic-minded citizen found the wallet and in the process of attempting to determine its owner, found, what she believed was an illegal drug, in the wallet. She promptly went to the local police station and turned the wallet and the contraband over to them.
The police ultimately spoke to the owner of the wallet who, without speaking to an attorney, admitted that the controlled substance was his. The police issued a summons for the defendant seeking to charge him with being in illegal possession of a Class "A" substance to wit heroin.
Upon receiving the summons, the defendant contacted our office. Based on the facts of the case, Attorney McCarthy moved to dismiss the charge because the defendant was entitled to a clerk's hearing. for the offense of Illegal possession of a Class "A" substance. Our position was that because the alleged crime occurred outside of the presence of the police officer and it was a misdemeanor he was entitled to a clerk's hearing before a complaint issued against him. The motion specifically requested that the defendant NOT be arraignedthus avoiding ANY entry on a board of probation record. After reading the motion and memorandum the judge agreed and the case was dismissed prior to arraignment. The client avoided ANY entry on his board of probation record as a result of this incident.
Read More in Drug Crimes
Attorney McCarthy Successfully Litigates Removal Of GPS Monitoring Device For Client On Probation For Indecent Assault And Battery [M.G.L. ch. 265 13H] And Early Termination Of Probation
A defendant admitted to sufficient facts to a count of indecent assault and battery on a person over fourteen years old [M.G.L. ch. 265 13H]. The probation department interpreted M.G.L. ch. 265 section 47 as requiring the defendant to be placed on a GPS monitoring device during the two year term of his probation.
On October 22, 2015, the Supreme Judicial Court issued an opinion [Commonwealth v. Doe, SJC-1186] which held that the GPS requirement of M.G.L. ch. 265 section 47, that a sex offender wear a GPS monitoring device as a condition of probation applied only where the probationer was convicted of a sex offense, not where the charge was continued without a finding.
Attorney McCarthy litigated a Motion To Terminate Probation and primarily argued that the GPS monitoring of the defendant was unduly onerous and accordingly, the probation should be terminated early. The court agreed and the defendant was removed from the GPS monitoring device and the probation was terminated early-that day.
Read More in Sex Crimes
Client Facing Two Criminal Counts Of Violating Harassment Prevention Order [M.G.L. ch. 258E section 9] Avoids Conviction/Case To Be Dismissed
Following a contentious divorce, a disgruntled spouse secured a Harassment Prevention Order against her estranged husband. Following the issuance of the order the plaintiff [wife] alleged that her husband violated the order on two occasions. Following substantial review of relevant documents and extensive interviews, Attorney McCarthy negotiated a disposition whereby the client would avoid conviction provided certain minimal conditions are satisfied. The client walked out of the courthouse WITHOUT any criminal conviction despite the Commonwealth's case.
Read More in Restraining Orders
Defendant Avoids Conviction For Domestic Assault And Battery [M.G.L. ch. 265 section 13A]/Judge Vacates 209A Restraining Order
A long night out for a young college couple ended with an upset female and the male in custody charged with assault and battery. According to the police report, the pair began the night separately and ended up at an off campus party. Following an argument at the get together, they both independently returned to campus in the early morning hours of the evening. The police report alleged that the female complained to friends that the defendant struck her this statement led to police involvement, the defendant's arrest and the issuance of a M.G.L. ch. 209A restraining order.
After the issuance of the restraining order, Attorney McCarthy filed a Motion To Vacate The Order maintaining that the plaintiff had contacted the defendant following the order. After an evidentiary hearing, the judge vacated the restraining order. However, the criminal case continued to be litigated by the parties.
Attorney McCarthy conducted extensive interviews and pre-trial investigation and litigated numerous motions. The young defendant wanted to avoid the risk of having a criminal conviction occur after trial and avoid the possibility of serving time in the House of Correction. A disposition was negotiated whereby the defendant did NOT have to admit that he engaged in the criminal conduct however, agreed that the Commonwealth could prove the case if it went to trial. The defendant avoided a criminal conviction and the case is to be dismissed provided the defendant satisfies certain conditions.
Read More in Domestic Assault and Battery
Criminal Charges of Tagging Property [M.G.L. ch. 266 section 126B], Malicious Destruction of Property Valued Over $250.00 [M.G.L. ch. 266 section 127], and Criminal Trespass [M.G.L. ch. 266 section 120] Dismissed
A client faced a myriad of criminal charges, including a felony count of malicious destruction of property valued over $250.00. The police alleged that the defendant and a few friends painted a bridge located underneath a highway access. After conducting an investigation the defendant and two of his friends were apprehended and faced criminal charges for their attempts to beautify the bridge.
Attorney McCarthy negotiated a disposition in which the client did NOT have to admit to any facts and the case was dismissed.
Read More in Violent Crimes
Possession of A Class "A" Substance [Heroin] Dismissed Prior To Arraignment
The defendant faced one count of illegal possession of a Class "A" substance in violation of M.G.L. ch. 94 section 34. The charge stemmed from an incident that occurred out of the presence of the police. Attorney McCarthy filed a Motion to Dismiss the Charge Prior To The Defendant's Arraignment because the defendant was not afforded the opportunity to be "heard personally or by counsel in opposition to the issuance" of the complaint as required by M.G.L. ch. 218 section 35A. The judge agreed with McCarthy and the case against the defendant was dismissed prior to arraignment. There was no entry made on the defendant's record.
Read More in Drug Possession
Criminal Assault And Battery Case Dismissed Prior To Trial
What was expected to be a relaxing and fun night out on the town took a bad turn when an individual accused a patron of a local restaurant of assault and battery. [M.G.L. ch. 265 section 13A]. Based on a hasty identification of the defendant as the perpetrator he was arrested and charged with the criminal offense.
The defendant secured our office to represent him and we immediately went to work investigating the circumstances of the incident and the protocol employed relative to the identification of the defendant as the perpetrator. After reviewing the discovery and realizing that the Commonwealth had a weak case, our office selected a quick trial date. On the day of trial Attorney McCarthy answered ready for trial. Unable to produce evidence, the Commonwealth answered not ready for trial and the case was dismissed.
Read More in Violent Crimes
Non-Citizen Client Avoids Felony Conviction For Larceny Of Property Valued Over 250.00 [M.G.L. ch. 266 section 30] And Potential Immigration Consequences
The non-citizen client became entangled in the Massachusetts legal system when he was charged with stealing an expensive laptop. The laptop was valued at over $250.00 so he was charged with a felony count of larceny of property over $250.00.
Recognizing that ANY type of admission or conviction would have collateral immigration consequences inclusion the potential for deportation or exclusion from the United States our office effectively advocated for a term of pre-trial probation and the eventual dismissal of the case provided the defendant abided by certain conditions. Due to Attorney McCarthy's advocacy the District Attorney's Office agreed to adopt this recommendation. The client walked out of the courthouse without any type of admission or conviction. Because of the type of negotiated disposition, the client did not have to worry about any immigration consequences.
Read More in Larceny
Charge Of Operating Under The Influence Of Alcohol [M.G.L. ch. 90 section 24] Stemming From A Roadblock Arrest Dismissed
The defendant was ordered to pull over during a planned roadblock by the Massachusetts State Police. He was charged with OUI. After reviewing the documents supplied by the District Attorney's office relative to the protocol used in establishing the roadblock, Attorney McCarthy filed a motion to suppress evidence seized as the result of an unconstitutional roadblock. McCarthy maintained that the police did NOT have reasonable suspicion to divert the driver to a secondary screening location AND that the statistics used to claim that the selected location was a "problem area" were flawed.
The case was scheduled for hearing a number of times and the Commonwealth repeatedly answered "not ready." On the last date, the Commonwealth still did not have all of the necessary witnesses and Attorney McCarthy requested that the case be dismissed. The judge listened and the case was dismissed. The client walked out of the courtroom with plans to go to the Registry and have his license reinstated.
Distribution of A Controlled Substance To Be Dismissed [M.G.L. ch. 32C]
Allegedly as the result of several complaints of drug activity, the local police department set up a surveillance in a local neighborhood. The purportedly experienced drug control officers observed what was described as a "drug transaction" between the defendant and another individual. The police stopped the "buyer" who identified the person that sold him the controlled substance [i.e., marijuana] and supplied corroborating text messages.
The police approached the defendant who admitted to selling a bag of marijuana to the buyer. The police then searched that the defendant's home and confiscated a digital scale, mason jars of marijuana, glassine baggies and a wallet containing cash. The defendant was charged with distribution of a class D substance [M.G.L. ch. 32C].
Attorney McCarthy presented the defendant's impressive academic and personal background to the judge. Following a disparate recommendation by the parties, the judge imposed Attorney McCarthy's recommended sentence of a short continuance with the case to be dismissed provided the defendant does not get rearrested. The defendant walked out of the courtroom without a conviction.
Read More in Continuance Without a Finding
Case Against Client Charged With Driving With His License Suspended Or Revoked Dismissed Prior to Arraignment
The police pulled a car over upon noticing that the inspection sticker had expired. The driver's day got worse when the police realized that his license to drive had been suspended. The driver was arrested and charged with improperly driving a car while his license was suspended. [M.G.L. ch. 244 Section 67]. Attorney McCarthy represented the defendant and advocated strongly that the case be disposed of prior to arraignment provided the client completed some community service hours. Disposing of the case in this manner avoids any type of probation entry and ensures a "clean" board of probation record. After lengthy discussions the District Attorney's Office agreed to the disposition. The client avoided having any entry reported to the Probation Department and does not have to worry that the case will ever "pop up" in a criminal background search.
Read More in Pretrial Diversion
Case To Be Dismissed Against Client Charged With Soliciting A Prostitute During Work Hours
An apparently uninspired employee was hoping to add a little excitement to his lunch hour and solicited a prostitute on a company computer. Unfortunately for him, the computer was monitored and the target of his passion was an undercover police officer. The defendant's plans were quickly derailed when he appeared at the meeting place and was greeted with handcuffs and a cruiser ride to the local police station.
Our office became involved in the initial phases of the case and presented an in depth background of the defendant to the District Attorney's Office. After months of negotiation and advocating for our client the District Attorney's Office ultimately agreed to a general continuance. Provided the client does not get rearrested the case will be dismissed. The defendant did NOT have to admit to ANY facts and the case will be dismissed. This disposition minimizes the effect that this charge will have on any future employment and academic opportunities that the defendant will have.
Read More in Sex Crimes
A Case Of Domestic Assault And Battery To Be Dismissed
According to the police report, the police responded to a call for help from a wife who had locked herself in a bathroom. When the police arrived they spoke to the rattled spouse who claimed that her husband had hit her. The defendant was arrested and charged with domestic assault and battery.
The District Attorney's Office were initially requesting a split sentence [some committed time followed by lengthy probation] because of what they viewed were the serious nature of the charges. The spouse had made a 911 call to the police which the District Attorney's Office intended to introduce even if the wife asserted her marital privilege.
Attorney McCarthy provided a lengthy personal, employment and family history of the defendant with letters of support. Following lengthy negotiations the Assistant District Attorney ultimately agreed to continue the case for a period of time and provided the defendant satisfies certain conditions the case will be dismissed. The defendant who initially faced prison time walked out of the courthouse without a conviction.
Read More in Continuance Without a Finding
Attorney McCarthy Successfully Prevents The Extension Of A Harassment Prevention Order [M.G.L. ch. 258E]
A father, unhappy with his daughter's choice of a boyfriend, applied for an ex-parte M.G.L. ch. 258E Harassment Prevention Order on behalf of his minor daughter. The defendant was not present or notified of the initial hearing. Upon receiving notice of the extension date, the defendant retained Attorney McCarthy to represent him.
Attorney McCarthy thoroughly reviewed the affidavit filed by the father in support of the order and related documents and text messages. On the day of the hearing the "father" testified and argued that the defendant was a bad influence on his daughter and claimed that the defendant had threatened the family in the past. The "daughter" did not testify.
Attorney McCarthy prepared a lengthy memorandum and strongly advocated that the father failed to meet the standard of three instances of harassment in order for the order to be continued. The judge agreed with her and terminated the order. The defendant walked out of the courtroom with the order vacated.
Attorney McCarthy Secures A Not Guilty Conviction Following An Operating Under The Influence Of Alcohol [M.G.L. ch. 90 section 24] Trial
According to the police report, a police officer's attention was drawn to the car driven by the defendant because the driver was allegedly speeding. Upon approaching the car the officer observed three male occupants in the car. She testified that she immediately smelled an odor of alcohol in the car and observed that the operator's eyes were bloodshot. According to the officer, the defendant appeared very nervous and dropped his license in his lap when he attempted to produce it for her. The defendant admitted to drinking during day of golf and was ultimately arrested and charged with operating a motor vehicle while under the influence of alcohol [M.G.L. ch. 90 section 24].
Attorney McCarthy tried the case and conducted an effective and thorough cross-examination. The officer was unable to even testify to the fact that she believed the car was speeding because McCarthy objected to the testimony as the officer was unqualified to offer such an opinion. McCarthy emphasized everything that the driver did well that evening including responding to the officer's request to pull over, lack of traffic violations committed by the defendant and further explained that an odor of alcohol does not mean that the defendant was under the influence. A not guilty verdict was returned and the defendant walked out of the courtroom vindicated.
Case Dismissed Against Client Charged With Felony Count Of Malicious Destruction Of Property Over $250.00 In Violation Of Massachusetts General Law Chapter 266 Section 127
After enjoying a workout a patron to a gym noticed that her car had been "keyed" and there was significant damage to the side of her vehicle. The police were informed of the incident and the videotape from the parking lot was pulled. Based on the videotape the police charged the defendant with malicious destruction of property, to wit the car, with the damage valued at over $250.00. [M.G.L. ch 266 section 127].
Massachusetts General Laws Chapter 266 section 127 provides in part that whoever destroys or injures the personal property, dwelling house or building of another. . . and if such destruction or injury is willful and malicious, shall be punished. . .
Attorney McCarthy secured a lengthy history of the defendant that included consistent employment and contributions to the community. Our office convinced the prosecutor to dismiss the case upon the payment of restitution. The client walked out of court with the case dismissed.
M.G.L. 209A Restraining Order Dismissed Against Defendant
The plaintiff alleged that the defendant placed in fear as the result of emails and text messages that were exchanged between the pair. The pair had dated for a number of years and had lived together. After breaking up the coupled remained in contact.
The plaintiff applied for a 209A restraining and based on the claims in her affidavit the judge issued the order and scheduled a date for a two party hearing. Prior to the hearing, the defendant retained Attorney McCarthy to represent him.
Our office spent significant time reviewing the emails and text messages and prepared a memorandum of law in opposition to the continuance of the order. On the day of the hearing, the plaintiff received a copy of the memorandum. The plaintiff left the courtroom prior to the evidentiary hearing and the judge vacated the order.
Client Avoids Facing Charge Of Being A Minor In Possession Of Alcohol M.G.L.A. 138 § 34C
After responding to a call for a disturbance in the neighborhood, local police entered a home and believed that there were a group of individuals, under twenty-one, who were in possession of alcohol. The police determined the names of all of the individuals at the home and summonsed them for a clerk-magistrates hearing for being a minor in possession of alcohol.
M.G.L.A. 138 § 34C provides that anyone who is under twenty-one years old, not accompanied by a parent or legal guardian, who knowingly possesses, transports or carries on his person, any alcohol or alcoholic beverages can be charged with a crime. It is not commonly known that a police officer can arrest without a warrant if he or she has probable cause that someone has violated this law.
During the hearing, Attorney McCarthy stressed the academic, athletic and community accomplishments of the client and requested that the case be "diverted" from the criminal court system. The clerk, upon approval by the District Attorney's Office, allowed the minor to enter a diversion program which required and on-line course and community service hours. Upon completion of the community service and other obligations, the case against the minor will be dismissed and the minor will NEVER appear in front of the judge.. Attorney McCarthy's strong and effective advocacy prevented the minor from having ANY entry on his criminal history.
Charges Of Assault [M.G.L.A. Chapter 265 §13A], Assault By Means of A Dangerous Weapon [M.G.L.A. Chapter 265 §13B], Threats [M.G.L.A. Chapter 275 §2] and Intimidation Of A Witness [M.G.L.A. Chapter 268 §13B] To Be Dismissed
An unhappy spouse called the police after her husband returned home the morning following a night out with his friends. When her husband arrived home the wife called the police and alleged that her husband assaulted her with a knife and threatened to kill her/slice her throat if she called the police. When the police arrived, although no knife was immediately recovered, the defendant was arrested and charged with the above crimes.
The District Attorney's Office vehemently prosecuted the case and requested that a guilty finding enter on two count and that the defendant be subjected to a split sentence on the remaining two charges. The defendant was appropriately concerned that any finding of guilt would result in him losing his job.
The client hired Attorney McCarthy to get a good result. Attorney McCarthy went to work immediately and presented a persuasive argument for the case to be continued for a period of time and then dismissed, despite the prosecutor's position and the alleged victim's desire to have a guilty finding enter. McCarthy stressed the defendant's positive employment history, educational background and lack of criminal history and convinced the judge NOT to enter a finding of guilty. Contrary to the Commonwealth's recommendation, the judge continued the case for a period of time. The case will be dismissed provided the defendant satisfies certain conditions and does not get arrested again. The client walked out of the courthouse without a conviction and remained gainfully employed.
Felony-Charge Of Larceny By Scheme Over $250.00 [M.G.L.A. Chapter 266 §30] Reduced To Misdemeanor And To Be Dismissed
A hard-working young woman was charged with engaging in scheme of allowing improper employee discounts and other inappropriate conduct while working in a local lingerie shop. After an investigation, which included questioning of the defendant by the loss prevention officer, the employee was charged with a felony count of larceny M.G.L.A. Chapter 266 §30.
After a number of pre-trial motions and lengthy negotiations, Attorney McCarthy convinced the District Attorney's Office to reduce the felony charge to a misdemeanor. The case will be continued for a period of time during which the defendant will pay restitution. Provided the defendant pays the restitution the case will be dismissed and the client avoided ANY type of conviction.
Case To Be Dismissed Against Client Charged With Sexual Offense Of Open And Gross Conduct/Lewd And Lascivious Conduct [M.G.L. ch. 272 section 16]
According to the police report, a citizen reported to the police that a male was masturbating in a car in a residential neighborhood. After receiving the complaint the police canvassed the area and approached the defendant who was in a motor vehicle in the area. Despite the fact that the defendant denied the activity, he was arrested and charged with open and gross conduct based on the description given by the witness of the perpetrator and the car that he was in.
It is important to have an experienced criminal attorney on your side if you or a family member faces this charge because a conviction can have collateral consequences including having to register as a sex offender. Lucky for this defendant, he contacted Attorney McCarthy immediately. Attorney McCarthy conducted extensive interviews and conferenced the case with the District Attorney's Office prior to trial. Attorney McCarthy stressed that the client had no other incident with the police and was a productive and law abiding individual. Based on McCarthy's persuasive arguments the District Attorney agreed to dismiss the case after the defendant performed a minimal number of community service hours. The client did NOT have to admit to any facts or plead guilty. Based on the agreement of the parties, the case will be dismissed in a few months.
Attorney McCarthy Prevents Issuance Of Criminal Complaint For College Student Facing A Shoplifting Charge
A young college student, hoping to look glamourous on a night out on the town, selected expensive make-up at a mall outlet and left without paying for the pricey cosmetics. An astute employee saw the woman select the make-up and leave without checking out at the register. When questioned, the customer admitted that she did not pay for the items as she could not afford to pay for them.
Attorney McCarthy was retained to represent the client at the clerk's hearing. Attorney McCarthy explained all of the positive attributes of the client and her lack of record. The clerk magistrate accepted McCarthy's representation that this was a regrettable lapse in judgement by the defendant. The clerk accepted McCarthy's argument and the case was dismissed without ANY charges issuing against the defendant.
Felony Charge Reduced And To Be Dismissed For Client Despite Having A Criminal History
The police report alleged that a middle aged man threw a plate breaking a window valued at over $1,5000.00 in the early morning hours of the day at a restaurant in the China Town section of Boston after a night out of partying. The defendant was arrested at the scene and faced a felony charge of malicious destruction of property [M.G.L. Section 127] with the damage valued at over $250.00. A conviction for this felony could have resulted in a loss of employment and been an impediment to securing future jobs.
Attorney McCarthy presented the District Attorney's Office with the defendant's personal and professional accomplishments since his graduation from college. The defendant had consistently been employed over the past ten years. The hurdle for the defendant relative to avoiding any type of conviction was the fact that he had many entries on his board of probation record over the years. However, based on the defendant's current situation and lack of recent arrests, the District Attorney's office agreed to reduce the felony charge to a misdemeanor. The prosecutor also agreed to continue the case for a period of time to be dismissed provided the client satisfied certain conditions.
When the disposition was presented to the District Court judge, the judge initially was unwilling to accept it. Attorney McCarthy successfully convinced the judge that the sentence was appropriate and the client walked out of the court house without any type of convictionAGAIN.
Clerk Declines To Issue Criminal Complaint For Client Facing Charge Of Leaving The Scene Of An Accident And Operating To Endanger
The defendant received a summons to appear in court for the charge of leaving the scene of an accident after causing property damage and operating a motor vehicle in a manner that endangered the lives and safety of the public. According to the police report, the plaintiff alleged that the defendant stopped her car short causing her to slam into the rear of the defendant's car.
Attorney McCarthy conducted extensive interviews and determined that the plaintiff was the cause of the accident. The distraught defendant was fearful because there were a number of occupants in the car that rear-ended her. The defendant did approach a police officer upon seeing one in the area.
Attorney McCarthy explained the predicament that the intimidated defendant was in at the time of the accident. The clerk appreciated the defendant's position and a criminal complaint did not issue.
Attorney McCarthy Successfully Vacates 209A Restraining Order For Out Of State Business Woman Following Evidentiary Hearing
A disgruntled daughter applied for a 209A restraining order against her out of state mother that she had not seen for over ten years. Apparently, distraught at receiving a birthday card, which the plaintiff did not open, she went to the local district court and applied for a 209A restraining order stating that the mother's alleged conduct from ten years ago put her in reasonable fear of immediate physical harm.
Upon receiving the order, the defendant called Attorney McCarthy. Attorney McCarthy interviewed witnesses, prepared a lengthy memorandum and appeared in court on the hearing date. Attorney McCarthy presented witnesses and strongly advocated for her client that the order was improperly issued and should not be continued. The judge agreed and the order was immediately terminated.
Attorney McCarthy Prevents Criminal Charge Of Violation of A 258E Harassment Prevention Order From Issuing Against Client Following Criminal Clerk's Hearing
Prior to retaining Attorney McCarthy a District Court judge issued a 258E Harassment Prevention Order against the defendant. The order was particularly difficult because the plaintiff and the defendant were neighbors.
The plaintiff alleged that the defendant violated the order while he was attempting to leave his property in the only available route by vehicle. Attorney McCarthy conducted lengthy interviews with involved individuals and presented evidence during the hearing. McCarthy argued that any contact was incidental to permitted legal activity and the encounter was not a violation. The clerk agreed and the criminal complaint did not issue against the defendant.
Read More in: Clerk's Hearings
Attorney McCarthy Successfully Litigates Motion To Vacate 258E Harassment Prevention Order
The plaintiff and the defendant were neighbors that shared access to common property. The plaintiff requested a 258E Harassment Prevention Order citing a number of alleged incidents between the parties. The judge issued the initial order and extended the order for one year at the extension hearing. The defendant was not represented by a lawyer at this hearing.
The order was the source of a significant amount of stress on the defendant because the parties were neighbors and contact was obviously, inevitable. The plaintiff alleged violations of the order that resulted in clerk's hearings for potential violations of the 258E Harassment Prevention Order. In the event that a complaint issued, the defendant would have landed in criminal court.
After conducting numerous interviews and a lengthy investigation of the circumstances surrounding the issuance of the order a motion to vacate the 258E order was filed. Counsel argued that the alleged contact between the parties did not constitute "harassment" under the statute and that the plaintiff was actually harassing the defendant. The judge vacated the order and the defendant could return to enjoying his property without the threat of facing a criminal charge.
Read More in: Harassment Prevention Orders
Case Dismissed Against Out Of State Client Charged With Domestic Assault And Battery
The police responded to a call for a report of domestic violence. After interviewing the parties the male was arrested and charged with domestic assault and battery. Following his arraignment, the defendant returned to his home state and retained our office to represent him. Hoping for an expeditious resolution, the case was advanced and McCarthy requested a quick trial date.
On the trial date McCarthy answered ready for trial. The complaining witness did not appear and counsel appropriately argued that any statements that she made to the police were inadmissible hearsay. The case was dismissed against the defendant.
Read More in: Domestic Assault and Battery
Case Of Operating Under The Influence Of Alcohol To Be Dismissed
According to the police report, a police officer pulled over a car based on erratic operation on a rotary. Upon speaking to the driver, the officer smelled an odor of alcohol and claimed that her speech was slurred and she did not appropriately follow commands. Furthermore, in the opinion of the officer, the driver failed a number of field sobriety tests. The driver refused the Breathalyzer and faced a six-month suspension of her license to drive in Massachusetts.
The driver was arrested and charged with operating under the influence of alcohol. The driver's main objective was to be able to get her license back. Attorney McCarthy negotiated a disposition in which the case would be continued for a period of one year without any finding entering. Provided the defendant satisfies certain conditions the case will be dismissed in one year. Because the case was disposed of the driver was free to secure a Cinderella or hardship license with the Registry of Motor Vehicles, which would allow her drive for a twelve-hour period during her license suspension.
Case of Domestic Assault And Battery Dismissed Against Client On Trial Date
The police report alleged that a concerned citizen who allegedly saw a male strike called the police a female. After interviewing the parties the police arrested the male defendant who secured our office to represent him. The defendant was charged with domestic assault and battery.
Extensive pre-trial interviews were conducted and Attorney McCarthy answered ready for trial on the date that the defendant was scheduled to have a jury trial. The Commonwealth answered not ready for trial. Attorney McCarthy moved to have the case dismissed and the judge obliged. The defendant walked out of the courtroom with the case dismissed.
Attorney McCarthy Successfully Vacates M.G.L. 258E Harassment Prevention Order
A disgruntled girlfriend [plaintiff] applied for a 258E Harassment Prevention Order against her boyfriend's pregnant wife [defendant]. The plaintiff alleged that the defendant came to her job on one occasion and injured her personal property when the plaintiff went to the defendant's house. The defendant did not have counsel at the hearing and the judge issued the order against the pregnant wife for six months.
Following the hearing the plaintiff sought out the defendant at her place of employment and called her. The defendant retained Attorney McCarthy who filed a motion to vacate the harassment prevention order because the plaintiff was contacting the defendant. McCarthy stressed that the fact that the plaintiff was in contact with the defendant illustrated that the plaintiff was using the order as a weapon and not a tool to protect herself. McCarthy also argued that the particular District Court did not have jurisdiction to issue the order. The judge agreed and vacated the order against the relieved expectant mother.
Read More in: Harassment Prevention Orders
Criminal Charge Of Operating An Uninsured Motor Vehicle And Related Civil Offenses Dismissed At Clerk's Hearing
Police conducted a random license plate check on a motor vehicle which revealed that the registration and insurance on the car had been cancelled. The officer pulled the car over and a cooperative college student was at the wheel. The police officer confirmed that the insurance had been cancelled and the bewildered student was left at the side of the road watching as the car was towed. He was charged with driving an uninsured motor vehicle and related civil infractions.
Upon interviewing the involved parties it was apparent that the registration and insurance was cancelled on the car however, family members neglected to inform the defendant who was home from school on a break. Upon explaining the misunderstanding the clerk declined to issue the criminal complaint. No charges were issued against the client.
Read More in: Clerk's Hearings
Attorney McCarthy Secures Dismissal Of Shoplifting Charge For Non-Citizen Defendant Prior To Arraignment
A local college student forgot her purse when she went grocery shopping. Unknown to her, store loss prevention officers watched her as she selected her weekly groceries. The officers could not help but notice that the young woman walked out of the store without paying. She was stopped, questioned, arrested and charged with shoplifting.
Although the charge does not seem particularly serious, it can have devastating collateral consequences for someone who is not a U.S. citizen. Because shoplifting is a "stealing" type of crime the Immigration Court takes it very seriously. It is important to have an experienced attorney on your side to ensure that you attain the best result and to protect your status in the United States.
Attorney McCarthy represented the defendant at her first appearance in court. McCarthy engaged in lengthy negotiations with the prosecutor who ultimately agreed to dismiss the case prior to arraignment. This was the best result possible in these circumstances. The case will NEVER appear on a criminal background check on the defendant and she can pursue U.S. citizenship without any unnecessary obstacles standing in the way.
Attorney McCarthy represents individuals charged with crimes in Lawrence Court, Lowell Court, Dorchester Court, Concord Court and all Massachusetts District Courts.
Client Receives Pre-Trial Probation On Domestic Assault And Battery
The police responded to a home because of a report of domestic discord. Upon arrival the police encountered a very upset mother and her teenage son. The police saw scratches on the distraught mom's neck and based on their investigation charged her son with assault and battery. Although the complaining witness did not want to proceed, the prosecution insisted on going forward with the case. Attorney McCarthy conducted a thorough investigation of the incident and answered ready for trial. On the day of trial the District Attorney's office backed down and agreed to a short continuance with the case to be dismissed provided the client does not get charged with any additional crimes.
Felony Charge Dismissed Prior To Arraignment
A woman made a bad decision and stole expensive merchandise from a down town store. The shopper was stopped by store loss prevention police officers as she left the store. After questioning the authorities arrested the well-groomed shopper and charged her with larceny over $250.00 because of the value of the items taken.
The individual contacted our office. Because she was not a U.S. citizen there was a possibility of collateral immigration consequences, including deportation and exclusion from the United States, if the case was not handled properly. Attorney McCarthy represented the defendant and negotiated a disposition whereby the case was dismissed prior to arraignment provided the client satisfied certain conditions. The case was dismissed and there was NO entry made on the client's criminal history or CORI record.
Driving An Uninsured Motor Vehicle And Related Charges Dismissed Against Client
The police pulled a car over based on erratic operation. After questioning the upset driver the police determined that the car was not properly insured. The car was towed and the driver was charged with operating an uninsured motor vehicle and minor traffic violations. Attorney McCarthy appeared in court and vigorously argued for the dismissal of the charges without any type of court costs. The court agreed with McCarthy and the case was dismissed against the client. The client did not have to pay and fees or fines and does not have to worry about any collateral consequences from the Registry of Motor Vehicles.
Case To Be Dismissed Against Client Charged With Operating Under The Influence Of Alcohol
The police report alleged that a tow truck operated called the State Police because of the erratic driving of a motorist. The Trooper saw a car matching the description of the car given by the tow truck driver on the side of the road. When the officer approached the car he saw the driver/defendant, asleep in the front seat with the car running. The Troopers attempted to wake the driver who, according to the report, drove in the direction of the police. The police and the tow truck driver successfully stopped the car. The driver was incapacitated and placed under arrest for operating under the influence of alcohol, failing to stop for a police officer and driving a motor vehicle so that the lives and safety of the public was endangered. The client refused the breathalyzer and his license was suspended for 180 days.
The client's goal was to get his license reinstated. Attorney McCarthy conducted lengthy interviews with the client becoming familiar with his personal and professional experience. In order for the client to get his license back as early as possible, Attorney McCarthy brought the case forward. Although this was the client's first offense, the Commonwealth recommended that the judge impose a guilty finding on both counts. Attorney McCarthy vigorously argued on behalf of her client for the judge not to impose a guilty finding. She urged the judge to continue the case for a period of time to be dismissed provided the client satisfies certain conditions and does not get rearrested. The judge listened to Attorney McCarthy and the case was continued. Despite difficult facts, the client walked out of the courtroom without a criminal conviction and was able to request a "Cinderella license" from the Registry of Motor Vehicles.
Attorney McCarthy Clears Up Warrant For Out Of State Client
A Florida resident ran into a roadblock when he went to renew his license. The clerk informed him that he had a warrant issued from the Lawrence District Court twelve years ago and he could not get his license renewed until the warrant was recalled. Hoping to avoid a trip to the North Shore the sidelined motorist contacted Attorney McCarthy. Attorney McCarthy investigated the case and contacted the involved parties. McCarthy negotiated a disposition and the cooperative court did not require the client to travel to Massachusetts to clear up the warrant. Our office succeeded in recalling the warrant and disposing of the case without having the client appear in court.
Read More in Removal of Default Warrants
Clerk Denied Issuing Assault And Battery Charge
What started as a New Year's Eve celebration in a downtown Boston bar turned into a major headache for a young couple. The pair began the evening celebrating with friends and ended it being escorted out of the bar. An intoxicated patron was harassing the woman and her boyfriend stepped in to protect her. An altercation took place, which ended with all parties leaving the establishment. A few weeks later the boyfriend received a summons for a clerk-magistrate's hearing for assault and battery.
The client contacted our office and the investigation began immediately. Our office engaged in lengthy conversations with the client and got witness statements that corroborated the client's position that he was protecting himself and his girlfriend. Armed with this information, Attorney McCarthy presented the client's defense and the clerk did not issue the criminal complaint for assault and battery. The client avoided appearing before a judge and nothing will appear on his criminal history in the event a background check is done on him.
Read More in Assault and Battery
Case To Be Dismissed Against Defendant Charged With Sex For A Fee
An unsuspecting male agreed to meet an undercover Detective at a downtown hotel in response to an advertisement. According to the police report, the pair spoke on the phone and a meeting was arranged. When the male arrived at the location, he was arrested and charged with sex for a feeeven though there was no sexual contact or exchange of money. The police maintained that the alleged agreement of sex for payment supported the charge. Attorney McCarthy negotiated a general continuance with a dismissal provided the defendant pays court costs and does not get rearrested. The defendant did NOT have to admit to any facts and was NOT found guilty.
Read more in Sex Crimes
Not Guilty Verdict For Client Charged With Operating Under The Influence Of Alcohol [Client Under Twenty-One Years Old]
According to the police report, at approximately 1 a.m. on an early summer morning, the officer's attention was drawn to a motor vehicle because the license plate light was not illuminated. After following the car for a short distance, the officer claimed that the right wheels of the car went over the yellow line. The officer activated the cruiser's blue lights and pulled the car over. The officer administered four "field sobriety" tests which in the officer's opinion, the driver failed. The client was placed under arrest and charged with operating under the influence of alcohol.
Through the cross-examination of the arresting officer Attorney McCarthy emphasized that the driver, client, responded appropriately to the officer's request to pull the car over, pulled appropriately into a parking space, produced his license and registration upon request, answered all of the officer's questions, walked nine steps forward and backward for a "field sobriety test," held his leg up for a period of time for the "one leg stand" test and recited numbers in the correct order. Based on an effective cross-examination Attorney McCarthy did not need to call any witnesses and a NOT GUILTY verdict was returned.
Client Avoids Prosecution For Illegal Possession Of A Class "A" Controlled Substance To Wit: Heroin
Police received information that family members were concerned about a young woman's well being. Police pulled a car over that apparently matched the description of the car that she may have been a passenger in. The police pulled the car over and retrieved two closed purse type bags that contained what was believed to be heroin and drug paraphernalia. The passenger defendant was taken to the hospital for treatment and received a summons for illegal possession of heroin. Attorney McCarthy presented a comprehensive background of the defendant emphasizing her success in treatment programs and potential to be a productive and law abiding citizen at the clerk's magistrate hearing. The case was continued for a period of time and will be dismissed provided the defendant continues in treatment. Due to the fact that the defendant was not arraigned, she avoided any type of entry in her criminal history with the board of probation.
Read More in Possession
Attorney McCarthy Represents Spouse In A Domestic Assault And Battery Case
The defendant's wife called the police following a domestic disagreement. After brief interviews of the parties, the police arrested the husband against his wife's wishes. The Commonwealth wanted to proceed to trial against the defendant. Attorney McCarthy explained the wife her marital privilege to her and ultimately, the Commonwealth declined to prosecute the defendant.
Read More in Domestic Assault and Battery
Client Avoids Being Charged With Violating A M.G.L. ch. 258E Harassment Prevention Order
The plaintiff and defendant were neighbors. The local police were called to the residences numerous times for complaints by both parties. The plaintiff secured a M.G.L. ch. 258E Harassment Prevention Order that required the defendant to stay away from his neighbor. The plaintiff alleged that the defendant violated the order when he was walking on a public trail by his property. Attorney McCarthy represented the defendant during the clerk's hearing and a criminal complaint did NOT issue against the defendant.
Read More in Harassment Prevention Orders
Client Avoids Conviction For Indecent Assault And Battery And Indecent Exposure Despite Prior Criminal History And Avoids Sex Offender Registry Consequences
An undercover police officer approached an individual in a park area and engaged in conversation. The pair eventually went to a path where the officer alleged that the defendant exposed his genitalia and inappropriately touched his "private area." The defendant was arrested and charged with indecent assault and battery and indecent exposure.
The defendant had a prior history for similar charges. Our office conducted a thorough pre-trial investigation. The District Attorney's Office urged for a guilty finding to enter which would trigger Sex Offender Registry consequences. Attorney McCarthy vigorously advocated that a guilty finding not enter and presented the defendant's favorable attributes. Despite the Commonwealth's position, the judge agreed to continue the case for a period of time without entering a guilty finding. Provided that the defendant satisfies certain conditions the case will be dismissed and the client will NOT have to register as a sex offender.
Read More in Indecent Assault and Battery