Case Results » 2016

  • Case To Be Dismissed Against Client Charged With Assault And Battery

    A pedestrian crossing the street congested with traffic became annoyed with the situation and started banging on the vehicles. One annoyed driver told him to stop it and the pedestrian responded by becoming aggressive. Following a verbal exchange the aggravated driver pushed the pedestrian and the former left the area. The police eventually tracked the driver down and he was summonsed to court and charged with assault and battery [M.G.L. ch. 265 section 13A].

    The prosecutor wanted a guilty finding to enter and the young defendant to be put on a long term of probation with onerous conditions. Attorney McCarthy stressed the defendant's lack of criminal record, education and commitment to work. The judge continued the case for a period of time to be dismissed provided the defendant does not get in any trouble. The defendant left the courthouse without any criminal conviction.

    Read More in Violent Crimes

  • College Student Charged With Felony Avoids Prosecution

    A local college student embarked on a night of partying that resulted on him being summonsed to court to face a felony charge of malicious destruction of property valued over $250.00 [M.G.L. ch. 126 section 266]. The defendant contacted our office and we went right to work with the goal of preventing the young student from being arraigned in the District Court. Avoiding an arraignment is the best result because it ensures that the incident will NEVER be located in a criminal history search.

    Attorney McCarthy contacted the District Attorney's Office prior to the arraignment date and informed the representative that restitution had been paid to the establishment for damage to the property. The client's impressive educational, employment and commitment to the community was also stressed. The District Attorney's Office agreed to divert the case out of the criminal court system to the Diversion Program. Provided the defendant satisfies certain conditions in a short period of time, the case will be dismissed prior to arraignment.

    Read More in Pretrial Diversion

  • Attorney McCarthy Successfully Vacates 258E Harassment Prevention Order In The Massachusetts Appeals Court

    A plaintiff went to the local district court criticizing his neighbor's treatment of his adult son and the fact the neighbor complained about the plaintiff's dog and aggressive behavior of the son. A district court judge improperly allowed the M.G.L. ch. 258E harassment prevention order that negatively effected the defendant's enjoyment of his home as the parties lived right next door to one another.

    The defendant retained Attorney McCarthy to appeal the initial issuance of the order and the one-year extension. Attorney McCarthy drafted a persuasive appellate brief and vigorously argued on the defendant's behalf during oral argument. She stressed that the plaintiff failed to allege three separate acts of harassment specifically directed at the plaintiff. Furthermore, even if three acts were identified, they were not acts of harassment as there were legitimate reasons behind any action taken by the defendant. The Court agreed and vacated the order. Accordingly, any evidence of the order must be destroyed in the District Court and by law enforcement.

    Read More in Criminal Appeals

  • Clerk Dismisses A Shoplifting Charge For Young Businessman

    A night out with friends took an ugly turn when an intoxicated patron grabbed food from a local convenience store and left without paying for the items. The store owner knew the culprit and called the police. The forgetful customer received a summons in the mail for a clerk's hearing relative to an application for complaint charging him with shoplifting [M.G.L. ch. 266 section 30 A].

    Our office represented the defendant at the clerk's hearing and stressed his impressive educational background and personal accomplishments. Following the hearing the clerk dismissed the complaint. The client left the courthouse without having to be concerned with the incident having any effect on his professional or educational future.

    Read More in Shoplifting

  • Military Veteran Avoids Prosecution For Domestic Assault And Battery Pursuant To The Valor Act

    The Valor Act [M.G.L. ch. 108 section 16] provides that an individual determined to be a veteran, in active military service or has a history of military service in the United States, may be eligible for a criminal case to be diverted from prosecution to treatment services.

    Such was the case with a veteran, who had served our country, when he faced a charge of domestic assault and battery [M.G.. ch. 265 ch. 13M]. Our office petitioned the probation department to have the client, who was honorably discharged from the military, evaluated for the appropriateness of diverting the case from criminal court to treatment services. It was determined that he qualified for veteran services and he avoided prosecution. Provided certain conditions are satisfied the case will be dismissed WITHOUT the client having to admit to sufficient facts or admit to guilt.

    Read More in Pretrial Diversion

  • Felony Count Of Larceny Of Motor Vehicle Dismissed By Prosecution and Operating Under The Influence Of A Controlled Substance To Be Dismissed

    While being questioned by the police, a person appearing to be under the influence of drugs or alcohol panicked and drove away in a nearby vehicle. The only problem was that the car was not his. A police chase ensued and he was pulled over in another county and eventually charged with larceny of a motor vehicle [M.G.L. ch. 266 section 28] and driving while under the influence of a drugs [M.G.L. ch 90 section 24].

    Although the wayward driver had prior entries on his record, our office negotiated a disposition in which the felony count of larceny of a motor vehicle was dismissed. The count of driving under the influence will be dismissed provided the defendant satisfies certain conditions. The relieved client t the courthouse without having to worry about the effect of a felony for future employment of academic opportunities.

    Read More in OUI

  • Client Avoids Prosecution For Breaking and Entering, A Felony Count of Malicious Destruction of Property and Trespassing Following Clerk-Magistrate's Hearing

    What began as a fun filled day of riding dirt bikes and socializing ended with the group receiving summonses in the mail for breaking and entering [M.G.L. ch. 266 Section 16A], a felony count of malicious destruction of property valued over $250 [M.G.L. ch. 266 Section 127] and trespassing [M.G.L. ch. 266 Section 120]. Apparently, as the preoccupied group pedaled they entered a fenced off area of private property and allegedly sprayed fire extinguishers that resulted in damage to the property. The police tracked down the group and they received summons to appear in court and face criminal charges.

    One of the errant bikers contacted our office and we went right to work. After conducting interviews and reviewing the facts Attorney McCarthy presented a compelling case to the clerk based on the law and facts in support of the position that a complaint should not issue. The clerk agreed and provided the defendant stays out of trouble for in a short period of time, the client will NOT face criminal charges. The client left the courthouse relieved and will not have to go in front of a judge.

    Read More in Theft Crimes

  • Judge Denies Extension Of 258E Criminal Harassment Prevention Order Following Lengthy Evidentiary Hearing

    Defendant contacted Attorney McCarthy after a judge entered a M.G.L. Chapter 258E Harassment Prevention Order against him. The plaintiff alleged many circumstances in which she believed that the defendant "harassed" her. Our office reviewed the event that occurred at the prior hearing, the history of the parties and related electronic communications.

    During the hearing, the plaintiff was cross-examined at length to demonstrate that the defendant could not be connected to many of the actions that the plaintiff alleged were harassing. Following the hearing, our office zealously represented that the plaintiff failed to allege three acts of harassment as required by the law. The judge agreed and the order was not continued.

    Read More in Restraining Orders

  • Client Avoids Felony Conviction Despite Previous Record

    The attention of the police was drawn to an individual that appeared to be under the influence of a controlled substance. While talking to the police the individual became irrational and jumped into a car. Unfortunately, the car was not his and a police chase ensued. Another police department caught up with him and he was arrested and charged with receiving a stolen motor vehicle [M.G.L. ch. 266 section 28].

    In Massachusetts the offense of receiving a stolen motor vehicle is a felony and CANNOT be disposed of with a continuance without a finding [CWOF]. Disposing of a case by a cwof is NOT considered a conviction. Upon reviewing the discovery and despite the fact that the client had a criminal history, Attorney McCarthy negotiated a disposition whereby he charge was changed to use without authority. The case will be dismissed provided the defendant satisfies certain conditions and does not get rearrested.

    Read More in Theft Crimes

  • Clerk Denies Application For Criminal Complaint For Driving Without A License

    According to the police report, the attention of a State Trooper was drawn to a car that allegedly ran a red light and almost struck some pedestrians. After pulling the car over the Trooper determined that the driver did not have a license to drive in ANY state. The operator, who was originally from another state, was a student at a Boston area University and failed to get her license renewed in her home state and did not have a Massachusetts license.  She received a citation for a criminal count of  driving a motor vehicle without a license [M.G.L. ch. 90 Section 10].  Attorney McCarthy represented the driver at the clerk-magistrate's hearing and emphasized her impressive educational, personal and employment background.  The clerk did not issue the criminal complaint against the client.

    Read More in Defenses to Crimes

  • Civil Harassment Prevention Order [M.G.L. ch 258E] Dismissed Against Client

    A disgruntled roommate filed for and was granted a Civil Harassment Prevention Order [M.G.L. ch. 258E] in a local district court. Because of the order the defendant could not live in her apartment and risked violating the order if she attended the local university. In the event the order was continued, the defendant would have to abide by the order for one year.

    Attorney McCarthy represented the defendant at the extension hearing and the order was dismissed after a few minor conditions were satisfied. The client could attend school and move on with her life without having to worry about violating the order and ending up in a criminal courtroom.

    Read More in Restraining Orders

  • Non-Citizen Avoids Facing Criminal Charge For Driving Without A License And Leaving The Scene of an Accident/ Case Dismissed At the Clerk-Magistrate's Hearing

    What was supposed to be a quick ride to the store turned into a long day when the non-citizen driver was pulled over for a civil traffic violation. The driver produced a license from another country that was not valid in the United States. He was summonsed to court for a Clerk-Magistrate's hearing. The individual contacted our office as this was a criminal offense and could have affected his travel in and out of the country and his application for citizenship that was pending.

    At the hearing Attorney McCarthy presented a favorable version of the facts and the client's impressive background. At the end of the hearing the clerk declined to issue the complaint and the client walked out of the courthouse and did NOT have to be concerned about ANY criminal or immigration consequences.

    Read More in Miscellaneous Crimes

  • Clerk-Magistrate Denies Application For Complaint Charging Leaving The Scene Of Accident Causing Property Damage

    Following a long day at work the defendant and co-workers went to a local establishment. A few left and one of them woke up to a knock on the door by a police officer. The car was at the scene of an accident with no occupants. One witness identified the defendant as the driver. The defendant was summonsed to court for a clerk's hearing facing a charge of leaving the scene of an accident causing property damage.

    At the Clerk's hearing Attorney McCarthy highlighted the client's accomplishments including commitment to the community and work. Attorney McCarthy advocated strongly for the client and the clerk declined to issue a criminal complaint. The client left the courthouse without having to worry that the case would have an affect on her future employment or academic opportunities.

    Read More in Salem, Massachusetts Criminal Defense

  • Criminal Charge Of Operating With A Suspended License Dismissed Prior To Arraignment

    A negligent motorist forgot to change his address with his insurance company. For this reason, he was not notified when his payment was due or overdue. Consequently, his insurance lapsed and the registry suspended his license. Unfortunately, the motorist never received notice of the suspension. When he was pulled over for a minor traffic violation, his car was towed and he eventually received a summons to go to court for a criminal clerk's hearing. The defendant went to court unrepresented by counsel and a criminal complaint issued against him.

    Our office was retained and on the day of the arraignment spoke with the Assistant District Attorney. Attorney McCarthy explained the confusion to the ADA who ultimately agreed to dismiss the case prior to arraignment. This means that there will be NO record that the defendant was ever charged with an offense. This incident will have NO impact on his future academic and employment opportunities.

    Read More in Miscellaneous Crimes

  • Domestic Assault and Battery Dismissed By The Prosecution

    What was expected to be a fun farewell to 2015 tuned into a nightmare for a young couple when the police were called to their apartment. The highly intoxicated female had called a friend and was so incoherent that the friend called the police to conduct a well being visit. Upon arrival the officers observed scratches on her face and questioned the defendant, who denied any physical contact. Based on an alleged statement by the incoherent female, the police arrested the defendant and charged him with domestic assault and battery.

    After spending a few days in jail, the defendant contacted our office. The Commonwealth requested a "Dangerousness Hearing." Based on thorough preparation and zealous advocacy, the defendant was released from prison.

    Our office relentlessly litigated the case pointing out that the 911 or turret tape, the transcript from the Dangerousness Hearing and the statements of the alleged victim supported our position that the defendant did not engage in ANY criminal activity.

    On the day of trial we answered READY and the Commonwealth dismissed the case.

    Read More in Violent Crimes

  • Case Dismissed Against Client Charged With Illegal Possession Of Heroin

    A surveillance was set up in a local downtown area and the target was to arrest individuals that appeared to be involved in illegal drug sales and purchase—particularly the illegal possession of heroin. An unsuspecting passenger in a car was in the wrong place at the wrong time when a swarm of undercover police officers approached the driver of the car he was in and ordered everyone out of the car. Unfortunately, a search ultimately led to heroin being present in the glove compartment and console. The passenger was arrested and charged with illegal possession of heroin [M.G.L. ch. 94C Section 34].

    Our office went immediately to work and filed a motion to suppress the stop and the evidence and a motion to dismiss based on lack of probable cause. The case was ultimately dismissed.

    Read More in Drug Crimes

  • Clerk Denies Application For Complaint For Operating Under The Influence Of Alcohol

    Following a one car accident, the driver landed in the hospital. Pedestrians claimed the car appeared to be driven erratically before the crash. Based on witness interviews the defendant was summonsed to court for a clerk-magistrate's hearing for the charge of operating under the influence of alcohol. [M.G.L. ch. 90 Section 24 (1) (a) (1)]. Fortunately, the concerned defendant called our office immediately and we went to work and prepared for the hearing.

    During the hearing the police prosecutor presented the facts as they appeared in the police report. Based on our investigation of the accident coupled with medical information that was attained prior to the hearing our office made a very strong case that there was absolutely NO evidence that the driver was under the influence of alcohol at the time of the accident. The clerk agreed and the complaint did not issues against the driver.

    Read more in DUI defense

  • No Criminal Complaint Issued Against College Student Charged With Furnishing Alcohol To A Minor/Case Diverted Away From Criminal Court

    A summer party turned into a nightmare quickly when a number of uninvited guests refused to leave the host's house. The police were called and based on their observations believed that many of the occupants were under-twenty one years old and in possession of alcohol. Law Enforcement interviewed individuals at the scene including the host who was a college student. The individual was summonsed to court to face a clerk-magistrate for violating M.G.L. ch. 138 Section 34 alleging that he furnished alcohol to minors.

    Our office conducted lengthy interviews with the relevant parties. Attorney McCarthy advocated strongly on behalf of the client describing his impressive educational, athletic, personal and community based background to the clerk. The clerk ultimately agreed to divert the case away from the criminal court. Upon the completion of a few tasks the case will be dismissed. There will be absolutely NO criminal entry on the client's record.

    Read More in Clerk's Hearings

  • M.G.L. ch. 258E Harassment Prevention Order Terminated

    A year earlier, a persnickety neighbor filed a M.G.L. ch. 258E Harassment Prevention Order against an abutting neighbor. A local judge allowed the initial ex-parte order and extended the order for one year following an evidentiary hearing. Following that hearing the client contacted our office.

    Attorney McCarthy went to work immediately and appealed the initial order and the one- year extension to the Massachusetts Appeals Court. McCarthy appropriately argued that the plaintiff failed to demonstrate that the defendant engaged in three acts of "harassment" directed at the plaintiff. Indeed, many of the plaintiff's complaints related to other family members, not the plaintiff.

    During the pendency of the appeal the extension hearing was scheduled. With the appeal pending and the arguments strongly presented in the higher court the plaintiff failed to appear and the order expired. The relieved client can enjoy the comforts of his home again without concern relative to the troublesome neighbor.

    Read More in Criminal Appeals

  • Despite Difficult Facts Client Evades Conviction For Negligent Operation Of A Motor Vehicle And Operating Under The Influence Of Alcohol

    The police responded to a motor vehicle after receiving calls from concerned motorists relative to a wayward driver who was driving off of the road without the car's headlights on. Concerned citizens reported that the driver of the car appeared "drunk" and the police alleged to have smelled a strong odor of alcoholic beverage emanating from the driver.

    After speaking to the witnesses the police arrested the driver who was charged with operating under the influence of liquor [M.G.L. ch. 90 Section 24 (1) (a) (1)] and negligent operation of a motor vehicle [M.G.L. ch. 90 Section 24 (2) (a)].

    Our office investigated the facts surrounding the incident and interviewed the involved parties at length. Although the facts were difficult for the client and the Commonwealth's recommendation was harsh following our allocution relative to the defendant's background the judge adopted our sentencing recommendation. The client received a straight dismissal of the criminal charge of negligent operation of a motor vehicle and the operating under the influence of alcohol will be dismissed provided certain conditions are satisfied. Despite strong facts for the prosecution, the client walked out of the courthouse without ANY criminal conviction.

    Read More in Continuance Without a Finding

  • Non-Citizen Avoids Facing A Criminal Shoplifting Charge Following Clerk's Hearing

    Facing a potential charge of shoplifting and criminal prosecution can be intimidating, especially for a non-citizen. M.G.L. Chapter 30A provides that anyone who takes or causes to be carried away or transferred any merchandise without offering to pay can be prosecuted. Even though, in the minds of most individuals, this appears to be a minor misdemeanor offense, it is a criminal offense and even being charged with this crime can cause havoc in one's life. Particularly for a non-citizen who could face deportation consequences unless the case is handled correctly.

    Attorney McCarthy successfully represented a non-citizen who was accused of stealing merchandise from a local superstore without paying for the items. The fact that children were also present exacerbated the situation. Our office extensively interviewed the involved individuals. During the clerk's hearing Attorney McCarthy explained the client's impressive educational, professional and personal accomplishments and the circumstances surrounding the incident. Following the hearing, the clerk declined to issue the complaint. The defendant left the courthouse and will not have to appear before a judge. The satisfied client avoided any entry on a criminal record and does not have to worry about any immigration consequences.

    Read More in Clerk Magistrate Hearings

  • Client Avoids Prosecution For Domestic Assault And Battery

    A celebration turned sour when a disgruntled spouse reported that her partner physically assaulted her following a Valentine's Dinner. Following up on this report, the police found the client, who is not a U.S. citizen, at home and charged him with a violation of M.G.L. ch. 265 Section 13M.

    The client promptly retained Attorney McCarthy who went right to work interviewing witnesses and investigating the circumstances surrounding the charges. McCarthy intensely litigated the case and highlighted the weaknesses in the Commonwealth's. The District Attorney's Office ultimately agreed to dispose of the case WITHOUT having the defendant go to trial or admit to ANY facts. This was critical for the client as he avoided any potential immigration consequences. Provided the defendant satisfies certain conditions the case will be dismissed.

    Read More in Pretrial Probation

  • Attorney McCarthy Prevents Extension of a M.G.L. Chapter 209A Restraining Order

    Following a tumultuous divorce a disgruntled wife filed a M.G.L. Chapter 209A restraining order against her former husband alleging abuse of the teenage child. Attorney McCarthy conducted interviews and represented the defendant on the day of the restraining order hearing.  The order was terminated before the parties left the courthouse.

  • Clerk Declines To Issue Criminal Complaints For Driving an Unregistered and Uninsured Motor Vehicle Against Non-Citizen Defendant

    A ride on a recently purchased motorcycle came to an abrupt end when the driver was cited for driving an uninsured and unregistered motor vehicle. The non-citizen defendant contacted our office and the recommendation was made that he request a clerk's hearing. In the meantime, the defendant appropriately registered and secured insurance for the vehicle.

    Attorney McCarthy represented the defendant at the clerk's hearing and produced the documentation. Based on these representations the clerk declined to issue the criminal complaints and the defendant left the hearing without having to worry about ANY immigration consequences.

  • OUI Probation Warrant Removed For Client

    A defendant, who was on probation for OUI  [M.G.L. Chapter 90 Section 24], received notification to appear in court because she had been terminated from the "24D" program. Fearing that she would be put in custody she contacted our office to immediately go to court, remove the warrant and avoid any time in custody.

    An attorney form our office met the client within an hour at the District Court. The probation warrant was removed and the defendant's probation was restored on the condition that she enter and successfully complete the 24-D program.

    Read More in OUI

  • Client Charged With Trespass Avoids Arraignment

    A New Year's Eve trip to a client's high school Alma Mater took a bad turn when the local police showed up. What seemed like a good idea to enter classrooms for a trip down memory lane was clearly a bad decision. The recent graduate received a summons in the mail to appear in District Court to fact charges for committing a criminal trespass [M.G.L. Chapter 266, Section 12].

    The graduate contacted our office and we immediately went to work. Attorney McCarthy spoke with the Assistant District Attorney and an agreement was struck whereby if the defendant did a minimum number of community service hours the case would be dismissed prior to arraignment. Disposing of the case in this fashion meant that there would be absolutely NO record of the offense as the client was NEVER arraigned.  The client NEVER has to worry about potential employers or educational institutions becoming aware of this incident.

    Read More in Theft Crimes

  • Twenty Year Old Felony Warrants Removed For Out of State Defendant

    A routine trip to the registry for an out of state defendant proved to be a problem when he was told that he had outstanding arrest and default warrants in Massachusetts. For this reason he was unable to renew his license.

    The disappointed driver contacted our office and we went right to work to get the warrants cleared up as soon as possible.  Attorney McCarthy immediately investigated the cases. The client made ONE trip to Massachusetts and three cases were cleared up. The client did not have to spend ONE minute in custody despite the fact that there were three separate cases in which he was charged with felonies. The cases were dismissed on the first court date and the client returned to his new home state to get his license.

    Read More in Felonies and Misdemeanors

  • Case Dismissed Against Client Charged With Violating A Restraining Order

    A M.G.L. Chapter 209A restraining order issued against a defendant.  The plaintiff and the defendant had a young child together and shared custody of him. During a drop off the plaintiff claimed that the defendant violated the yardage restriction on the restraining order [M.G.L. Chapter 209A Section 7] by proceeding too far up the driveway to get his son.

    Attorney McCarthy investigated the incident.  The case was ultimately dismissed when the complaining witness and spouse exercised her marital privilege not to testify against her husband. Based on the exercise of the privilege the Commonwealth dismissed the case against the defendant.

    Read More in Defenses to Crimes

  • Attorney McCarthy Prevent Extension of 209A Restraining Order Following An Evidentiary Hearing

    A plaintiff applied for an ex-parte M.G.L. Chapter 209A Restraining Order alleging that her former partner had "raped" her months earlier and refused to stay out of her "living space." A District Court Judge issued the order and a two-party hearing was scheduled for a week later.

    The defendant contacted our office and the investigation began. The investigation revealed that the complaining witness had recently sent numerous text messages, following the alleged rape, requesting that the defendant meet with her. Attorney McCarthy produced the text messages and cross-examined the plaintiff relative to how she could say she "feared" the defendant on one hand yet begged to meet her and speak with her on the other hand.

    Following the cross-examination of the complaining witness and the production of the text messages the Judge terminated the restraining order.  The defendant left the courthouse without ANY restrictions on her movement.

    Read More in Rape

  • Clerk Declines to Issue Complaint For Larceny Over $250

    The defendant and other family went out for a day of shopping at a local mall. Unfortunately, the defendant failed to pay for the designer label items that she left the store with. After security interviewed the errant shopper, who had the merchandise on her person, a summons issued for her appearance in the local courthouse. She faced one criminal count for larceny of property over $250.00. [M.G.L. ch. 30 (1)].

    Upon receiving the summons the defendant contacted our office. Attorney McCarthy represented the defendant at the clerk's hearing. She emphasized the client's complete lack of record and highlighted that this incident was an aberration and would NEVER happen again. The Clerk declined to issue the complaint.

    Read More in Clerk Magistrate Hearings

  • Assault Case To Be Dismissed Against Client

    The complaining witness alleged that the defendant spit in his water bottle at work. A complaint issued against the defendant charging him with assault. The Commonwealth's theory was that the defendant expected the plaintiff to drink from the bottle that he spit. Massachusetts case law has established that spitting on another person is a battery. Along that line of reasoning, spitting in a bottle with the expectation that someone would drink from it was an attempted battery or assault [M.G.L. ch.265 13A].

    Our office filed a motion to dismiss and outlined the history between the parties to the motion judge. After hearing the arguments, the judge continued the case for a period of time. The case will be dismissed as long as the defendant does NOT get charged with another crime. The defendant walked out of the courthouse without a conviction. This was the case in spite of the fact that the Commonwealth was initially asking that the defendant serve time-even though the plaintiff NEVER drank from the bottle.

    Read More in Violent Crimes

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

    The police report indicated that a local police officer's attention was drawn to a motor vehicle driven by the defendant because other motorists complained that it almost struck another car. It was early afternoon and the police officer was surprised when he claimed that he smelled an odor of alcohol on the driver's breath. The officer performed "field sobriety tests" and in his view, the driver failed them. The driver was charged with operating a motor vehicle while under the influence of alcohol [M.G.L. ch. 90 Section 24].

    The defendant needed a license for work and family responsibilities. For that reason, Attorney McCarthy negotiated a disposition in which the case was continued for a period of time WITHOUT a guilty finding entering. Provided the client satisfies certain conditions the case will be dismissed and the client will NOT be convicted of this crime. Also, the client was eligible to apply for a "Cinderella," "Hardship" or "Twelve Hour" license from the Registry of Motor Vehicles.

    Read More in Hardship Licenses

  • Case Of Illegal Possession Of Heroin And Illegal Possession Of Klonopin To Be Dismissed Despite Defendant's Criminal History

    The police claimed that they witnessed and undercover sale to a passenger in the car driven by the defendant. Based on their observations, the car was pulled over and the individuals were ordered out of the car. The driver was found to have heroin, klonopin and ripped plastic baggies on him. The driver was charged with illegal possession of heroin [M.G.L. ch. 94C Section 34] and illegal possession of klonopin [M.G.L. ch. 94C].

    Attorney McCarthy filed a motion to suppress the evidence. The defendant had previous incidents with the police. Based on the strength of McCarthy's motion the District Attorney's Office agreed to continue the case for a period of time to be dismissed provided the client did not get in any trouble and satisfied certain conditions.

    Read More in Drug Crimes

  • Operating to Endanger Charge Dismissed And Operating Under The Influence Of Alcohol To Be Dismissed

    According to the police report, a State Trooper noticed a car "failing to maintain" in its lanes and traveling at a very low speed on a highway. The Trooper maintained that upon pulling the car over and approaching the driver's side window he smelled a strong odor of an "alcoholic beverage" coming from the car; saw a "tan liquid" inside of a glass in the cup holder and observed the driving unsuccessfully attempting to open the glover compartment a number of times. The driver admitted to ingesting some alcohol over the course of the evening and according to the Trooper, did not pass the field sobriety tests. The defendant refused to take the breathalyzer. For that reason, the license was suspended for 180 days. The defendant was charged with operating a motor vehicle recklessly so as to endanger the lives and safety of others [M.G.L. ch. 90 Section 24 [2] (a) and operating under the influence of alcohol [M.G.L. ch. 90 Section 24].

    As with most individuals, being able to drive again was important to the client. A little know fact is that if a person is found guilty on a operating to endanger charge the license is suspended without the possibility of a "Hardship" or "Cinderella license." Ironically, even if convicted of an OUI the driver is still eligible for a hardship license from the Registry of Motor Vehicles.

    Attorney McCarthy negotiated a disposition in which the District Attorney's dismissed the charge of operating to endanger and continued the OUI for a period of time to be dismissed provided the client satisfies certain conditions. The client was eligible to apply for a hardship license from the Registry of Motor Vehicles.

    Read More in CWOF

  • Clerk Magistrate Declines To Issue Complaint For Larceny Over $250.00 and Shoplifting Over $100.00

    A Christmas shopping spree came to an abrupt hault when a group of young women were stopped as they exited a popular mall store. A store detective detained them and accused them of taking designer merchandise out of the store without tendering payment.  All of the individuals received summonses to appear at the local courthouse to face a clerk for charges of larceny over $250.00 [M.G.L. ch. 30 (1)]  and shoplifting over $100.00 [M.G.L. ch. 30 (A)].

    One of the disappointed shoppers retained our office to represent her. During the hearing Attorney McCarthy stressed the defendant's impressive school and work history. Attorney McCarthy emphasized how even the issuance of the criminal complaint could effect future academic and employment opportunities. The Clerk ultimately agreed not to issue the complaint. Provided that the client does not get charged with any other crimes within six months the case will be dismissed without a complaint issuing. The client NEVER had to appear in front of the judge and the charge will NOT be reflected in her probation history.

    Read More in Shoplifting

  • Massachusetts Appeals Court Vacates Initial Issuance And Extension Of M.G.L. ch. 258E Harassment Prevention Order

    A District Court judge improperly issued and extended a M.G.L. ch. 258E Harassment Prevention Order at the request of a town selectman against a local townsperson. After the orders were issued, the aggrieved defendant contacted Attorney McCarthy to have the orders vacated. Attorney McCarthy ensured that a timely notice of appeal was filed to ensure that orders could be appealed. After confirming that all of the procedural steps were appropriately taken, Attorney McCarthy went right to work and submitted a brief to the Massachusetts Appeals Court. She argued that the plaintiff failed to demonstrate that there were three or more acts of willful and malicious conduct aimed at the plaintiff committed with the intent to cause fear, intimidation, abuse or damage to property and that did cause fear, abuse or damage to property. The Massachusetts Appeals Court agreed and ordered that the case be remanded and that the improperly issued orders be vacated.

    Read More in Criminal Appeals

  • Felony And Misdemeanor Counts Of Breaking And Entering In the Daytime [M.G.L. ch. 266 section 18], Assault And Battery [M.G.L. ch. 265 section 13A (a)], Witness Intimidation [M.G.L. ch. 268 Section 13B], and Assault and Battery By Means Of A Dangerous Weapon [M.G.L. ch.265 Section 15B(b)] Dismissed Prior To Trial

    According to the police report, an adult child called the police reporting that her parent broke into her apartment and assaulted her. Based on the report of the upset woman the police arrested her mother. There were no independent witnesses to the incident.  Concerned about the effect that the arrest and any type of conviction would have on her professional record, the defendant retained Attorney McCarthy to represent her.

    Appreciating the client's desire to have the case resolved in a timely manner a quick trial date was selected.  Attorney McCarthy answered ready for trial. The complaining witness appeared in Court represented by a different attorney. Through counsel the witness invoked her state and federal Fifth Amendment Constitutional Rights not to testify because she may incriminate herself. Attorney McCarthy successfully maintained that the admission of any of her out of court statements were barred because the admission would violates her client's rights against cross examination. The Court agreed and the case was dismissed.

    Read More in Intimidation of a Witness

  • Attorney McCarthy Successfully Vacates Pertinent Conditions Of A Massachusetts M.G.L. ch. 209A Restraining Order For Out Of State Defendant

    Facing financially difficulties in Massachusetts a young couple moved out of state to get a fresh start for their young family. Unfortunately, the move created stress for the female partner and she moved back to the area with their toddler child in tow. Making matters worse, she was granted a M.G.L. ch. 209A Restraining Order that was served on the out of state defendant/father. The order forbade the abandoned dad to have any type of contact with his child and former partner.  There was an evidentiary hearing scheduled for approximately one week later.

    Although the defendant could not make arrangements to appear for the evidentiary hearing, Attorney McCarthy was retained and represented his interest at the hearing. Despite the plaintiff's claim of physical and emotional abuse, Attorney McCarthy successfully argued to have the no contact order against his child and partner terminated. Following the hearing, the defendant could have physical and electronic contact with his child. Furthermore, he could contact his estranged partner in any manner. This great result was attained without the defendant having to pay the expenses of travelling to Massachusetts.

    Read More in Domestic Assault and Battery

  • Non-Citizen Client Receives Pre-Trial Probation For Disorderly Person [M.G.L. ch. 272 section 53], Assault and Battery on a Police Officer [M.G.L. ch. 265 section 13D] and Assault and Battery [M.G.L. ch. 265 section 13A]

    An evening of celebration turned ugly when a young woman became intoxicated and unruly in a downtown bar. According to the police report, when the officers arrived the suspect appeared intoxicated, disheveled and was screaming incoherently. When staff members would not allow the uncooperative patron back into the establishment an altercation ensued that ended with the client in handcuffs and under arrest facing a number of criminal charges.

    Recognizing that any type of conviction or admission could potentially be problem for the non-citizen defendant's attempt to become a U.S. citizen, Attorney McCarthy engaged in lengthy negotiations with the District Attorney's Office to effect a disposition that would minimize any negative effect on the client's attempts to secure U.S. citizenship. Following months of conversation and negotiation the District Attorney's Office ultimately agreed to a term of pre-trial probation [thus, the client did NOT have to admit to any facts]. Provided the client fulfills the terms of the pre-trial probation the case will be dismissed and will not affect the client's efforts to become a United States Citizen.

    Read More in Assault and Battery

  • Client Avoids Prosecution For Sex For A Fee [M.G.L. ch. 272 section 53 (a)]

    An inquiry to advertisement for massage landed an unsuspecting potential patron in handcuffs and a jail cell. Upon being retained our office immediately began intense negotiations to avoid the prosecution of the case for the elderly individual with NO criminal history. Based on the positive presentment of the client's impressive personal, work and family history the District Attorney's Office ultimately agreed to continue the case WITHOUT requiring the defendant to admit to facts or plead guilty. Provided the defendant satisfies certain minimal conditions the case will be dismissed. Based on the efforts of our office the client avoided the public litigation of the case which was resolved very quickly.

    Read More in Pretrial Probation

  • Client Avoids Facing Charges Of Driving Without A License [M.G.L. ch. 90 Section 10] And Operating To Endanger [M.G.L. ch. 90 Section 24 (2) (a)]

    A police officer observed what he described as "reckless operation of a motor vehicle" and pulled the car over. The officer asked for the operator's driver's license and registration however, the frazzled motorist could not produce a driver's license. Upon further investigation, it became apparent that the driver did not have a Massachusetts Driver's License. The officer towed the car and the inconvenienced motorist was summonsed to court for a clerk's hearing. He faced two criminal charges of driving without a license and operating a motor vehicle in a manner that endangered the safety and lives of others.

    Prior to the clerk-magistrate's hearing the client retained our office to represent him. During the hearing the defendant's favorable driving and personal history were presented. The clerk declined to issue the complaint and provided the defendant satisfies certain conditions, including securing a valid Massachusetts license, he will NEVER face a judge for criminal charges stemming from this case.

    Read More in Clerk Magistrate Hearings

  • Client Avoids Conviction For Operating A Motor Vehicle Recklessly And Endangering The Lives And Safety Of Others [M.G.L. ch. 90 Section 24 (2) (a)]

    The police responded to a report of a car that had crossed over marked lanes, traveled over a curb and through bushes landing on the front lawn of a concerned home owner.  When the police arrived, the cooperative driver admitted to driving the car and he was summonsed into the local courthouse. He faced criminal charges of negligently operating a motor vehicle and endangering the lives and safety of others. The client did have a number of entries on his board of probation record. Despite these entries, a disposition was negotiated whereby the motorist avoided ANY type of conviction and provided he does not get charged with another crime the case will be dismissed in one year. Because of this disposition, which is NOT considered a conviction, the client avoided losing his driving privileges in Massachusetts for any period of time. The client drove away from the courthouse a very happy person!

    Read More in Continuance Without a Finding

  • Fugitive From Justice [M.G.L. ch. 276 Section 20A] Released From Custody Within One Day

    A quiet weekend was turned upside down when police arrested a young woman and charged her with being a Fugitive From Justice. According to the authorities, the individual faced multiple counts of drug offenses in another state. For that reason, she was charged in Massachusetts with being a Fugitive From Justice. The Commonwealth asked that the defendant be held without bail until the other state could make arrangements to get the client. This would mean that the client would stay in custody until the requesting state [primary state] could execute a Governor's Warrant and arrange transportation for the client to be taken to the state. This process could take many months to happen – all the while the client would be in jail.

    On the day of the arraignment Attorney McCarthy went to work. She located an experienced criminal attorney in the primary state to negotiate terms of release with the requesting state's District Attorney's Office. Following a lengthy negotiation with the primary state our office proposed conditions of release that would ensure the client's arrival in the primary state. The Court agreed to our proposal and the fugitive was released from custody in Massachusetts.

    Read More in Miscellaneous Crimes

  • Case Dismissed Prior To Arraignment Against Driver Charged With Operating To Endanger [M.G.L. ch. 90 Section 24 (2)(a)]

    A motorist received a summons to appear in a local District Court and answer to a charge of operating a motor negligently so as to endanger the lives of others. The individual contacted our office and Attorney McCarthy appeared in Court on the arraignment date. After reviewing the documents it was clear that the client was only charged with a misdemeanor that did NOT happen in the presence of the police officer. For that reason, he was entitled to a hearing before a clerk-magistrate PRIOR to arraignment. Following a hearing on the motion to judge agreed and case was dismissed and the defendant was NEVER arraigned on the charge. Thus, there was no board of probation record generated and the client walked out of the courthouse without initiating any criminal history.

  • Clerk-Magistrate Declines To Issue Criminal Complaint Leaving The Scene Of An Accident After Causing Property Damage [M.G.L. ch. 90, Section 24 (2) (a)]

    A motorist received a criminal citation in the mail alleging that he left the scene of an accident after causing property damage to a car in a parking lot. A clerk's hearing was requested to avoid the automatic issuance of a criminal complaint. At the hearing it was alleged that while trying to park his car, the driver inadvertently caused damage to another vehicle. The driver parked in another space and continued to run his errands. The owner of the other car claimed that the car was damaged.

    Our office represented the driver at the hearing. The clerk agreed not to issue the criminal complaint provided certain conditions were met within a short time frame. The client avoided having the case go in front of the judge and facing the possibility of a criminal conviction.

  • Client Charged With Gun And Drug Offenses Avoids Jail Time And Conviction

    The police alleged that they observed a motor vehicle driving erratically. After pulling the car the officer's saw what they believed to be drug paraphernalia in the front seat. The officer's claimed that the driver was sweating profusely and had track marks on his arm. The officer ordered the driver out of the car and a search followed. During the search the police found a brown substance believed to be heroin, mace, and ammunition in the main compartment of the car and a rifle in the trunk of the car with multiple rounds of ammunition. The defendant was arrested and charged with illegal possession of heroin [M.G.L. ch. 94C section 35], illegal possession of a firearm [M.G.L. ch. 269 section 10 (a)], illegal possession of a firearm [M.G.L. ch. 269 section 10 (h)] and illegal possession of mace. At the outset of the case the defendant faced the possibility of serving a mandatory sentence of eighteen months in prison because of the firearm offense.

    Our office conducted a thorough investigation and became very familiar with the client's personal and professional history. The District Attorney's Office initially was requesting a committed sentence followed by a long period of probation. Attorney McCarthy submitted a lengthy sentencing memorandum outlining the defendant's admirable and lengthy military service to our country. As a result of the strong advocacy, the Commonwealth dismissed the charges that required a mandatory sentence disposition and the count of illegal possession of mace. [Possession Of Mace has been decriminalized in Massachusetts].

    After hearing McCarthy's argument during the sentencing phase of the case, the judge continued the case without a finding for a period of time. Provided the client satisfies certain conditions the case will be dismissed at the end of the probationary period. The client walked out of the courthouse without a criminal conviction.

    Read More in Massachusetts Firearms Crimes

  • Clerk Does Not Issue Complaint Against Client For Possession Of A Class A Substance With Intent To Distribute [M.G.L. ch. 94 Section 32 (a)] Following A Hearing

    The police report alleged that fellow police officers observed what they believed, based on their training and experience, to be a sale of a controlled substance. The alert law enforcers stopped the alleged buyer who, according to them, informed them that who the sellers were. As a result of this incident the defendant, one of the alleged distributors, was summonsed to the local courthouse for a clerk's hearing.

    During the hearing Attorney McCarthy highlighted the defendant's challenging family life and positive contributions to the community. After hearing the defendant's background, the clerk did not issue the criminal complaint. Provided the defendant does not get charged with any further crimes in the next few months the complaint will NOT issue. The defendant avoided facing a judge and NO entry was made on his board of probation record.

    Read More in Drug Crimes