Case Results » 2017

  • Judge Denies Plaintiff's Request To Extend M.G.L. ch. 209A Restraining Order Against Client

    A defendant contacted our office after being served with a M.G.L. ch. 209A restraining order initiated by his former fiancé.  Our office scrupulously examined the affidavit and prepared a lengthy cross-examination of the plaintiff to put all of her allegations in perspective. Through an effective examination of the plaintiff, it was clarified that most of her complaints stemmed from incidents dating back from nine to twelve months. The most recent contact was a coincidental crossing of the pair's paths that led to the plaintiff to filing the restraining order. During the hearing it was demonstrated that after this chance encounter, the plaintiff contacted the defendant and the defendant never responded.  Counsel vehemently argued that the plaintiff failed to establish that the defendant's actions put her in reasonable apprehension of IMMEDIATE SERIOUS PHYSICAL HARM.  The judge declined to extend the order for a year. The client walked out of the courthouse relieved.

    Read More in Stalking

  • Clerk Magistrate Declines to Issue Complaint for Leaving the Scene of an Accident After Causing Property Damage Despite Defendant's Record

    The defendant was on probation for a serious crime in another court when he received a summons to appear for an arraignment on the charge of leaving the scene of an accident after causing property damage to a home. Realizing that if the defendant was arraigned he would fact a surrender hearing in another court, our office filed a MOTION TO DISMISS PRIOR TO ARRAIGNEMNT claiming that the client was entitled to a clerk's hearing because the charge was a misdemeanor which was not committed in the presence of a police officer.  The judge agreed and the complaint was dismissed.

    The police resubmitted the paperwork and the client received notification of a Clerk-Magistrate's hearing. Our office successful argued that although the defendant had a criminal record, he was doing well professionally and personally at this time and requested that the clerk not issue process. The clerk agreed and the complaint did NOT issue.

    Read More in Probation Violation Hearings

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

    A disagreement between mother and daughter resulted in the daughter seeking an ex-parte 209A order against her mother. The estranged daughter alleged that her mother was following her and her children, trying to contact her children and making unwanted contact with her family. During the extension hearing Attorney McCarthy conducted cross-examination of the plaintiff.  Following the evidentiary hearing it was clear that the plaintiff had failed to meet the standard and that she was NOT in reasonable apprehension of immediate serious bodily harm. The judge refused to extend the order as requested by the plaintiff. The client walked out of the courtroom relieved.

    Read More in Stalking

  • Attorney McCarthy Assists Plaintiff In Securing A 209A Restraining Order

    A very frightened plaintiff contacted our office requesting assistance relative to filing a 209A restraining order against the father of her child. The individual described occasions when she was put in reasonable apprehension of immediate physical harm. Our office conducted interviews and attended the initial hearing with her. After hearing from the plaintiff, the judge entered an order that required the defendant to stay away and have no contact with the plaintiff and child. The client left the courthouse feeling very relieved.

    Read More in Assault and Battery

  • Client Avoids Commitment After Receiving A Probation Violation Notice

    A Client was put on probation following a conviction for serious offenses. The terms of probation included random drug and alcohol testing. The client received notice that his probation officer wanted to surrender him based on testing positive for alcohol and missing a drug test.

    After investigating the circumstances surrounding the alleged "surrender," Attorney McCarthy negotiated a disposition that did NOT require the defendant to spend any time in custody and the term of probation was NOT extended.

    Read More in Drug Crimes

  • M.G.L. Chapter 209A Restraining Order Extended For One Year For Plaintiff/Client Following Evidentiary Hearing

    An evidentiary hearing was scheduled following a one party hearing, in which the plaintiff, with the assistance of our office, received a temporary 209A Order. During this extension hearing, through witness testimony and strong advocacy by our office, the judge extended the order for one year. The order required that the defendant not contact and not abuse the mother of his child and their son. The plaintiff left the building feeling safe.

    Read More in Assault and Battery 

  • Client Avoids Charge Of Negligent Operation Of A Motor Vehicle Despite Accident

    Police responded to a report of a motor vehicle accident. When the officers arrived they observed two vehicles that appeared to have sustained heavy damage. One of the cars had flipped onto its roof and was in the center of the road. The other car, which was previously parked, was on a front lawn.

    The operator of the car that had been flipped received a summons for a clerk-magistrate hearing relative to the charge of negligent operation of a motor vehicle. Our office thoroughly researched the circumstances surrounding the accident. During the hearing our office outlined that the defendant had suffered a medical incident while driving. A police report was produced that corroborated our position and no complaint was issued.

    Read More in Clerk Magistrate Hearings

  • Clerk Denies Application For Criminal Complaint Charging Assault And Battery

    A driver became annoyed when another motorist was discharging passengers in the middle of the street. After exchanging harsh words, the motorist began following the driver. Unfortunately an altercation ensued that resulted in the driver being charged with assault and battery. The charge stemmed from the motorist claiming that the driver spit at him during a confrontation.

    The driver received a summons for criminal complaint for assault and battery. Prior to the hearing the driver represented his version of events that included the motorist making racially improper statements to him and committing and assault and battery on him. A hearing was scheduled for the cross-complaints to be heard by a clerk magistrate. Following the hearing the client, driver, walked away without being charged with a crime.

    Read More in Defenses to Crimes

  • Client Avoids Charge Of Being A Minor Transporting Alcohol

    An undercover police officer observed a case of alcohol being placed in the trunk of a car full of young adults. The officer ran the license plate which came back to an individual who was twenty years old. Based on that information, the car was pulled over and the driver produced his license. Although the driver was NOT the registered owner or the person that purchased the alcohol he was charged with being a minor transporting alcohol.

    The driver was summonsed to court. Our office outlined all of the individual's accomplishments and commitment to the community. Following the hearing the clerk agreed NOT to issue the complaint provided that the client avoids any problems for a period of time. The client will NOT be arraigned therefore, there will be NO record of the incident.

    Read More in Clerk's Hearings

  • Assault And Battery Charge Dismissed Prior To Arraignment

    Following a clerk-magistrate's hearing a clerk issued a complaint that charged the defendant with assault and battery. The charge stemmed from an altercation that occurred at a local gym. Unfortunately, both participants were charged with the same crime.

    Prior to arraignment, Attorney McCarthy reached out to the prosecuting attorney and explained that at this time neither party wanted to pursue the charges. Although the case was the "Commonwealth's case" and not the parties, the prosecutor agreed not to prosecute as each individual had a 5th Amendment privilege not to testify. Resolving the case in this manner, early and prior to arraignment, ensures that the case will NEVER appear on a background check.

    Read More in Clerk Magistrate Hearings

  • Defendant Avoids Jail On Probation Surrender

    A young adult received a split sentence for a serious felony case in the district court. After serving three months in prison, he was released and agreed to follow terms of probation that included bi-monthly reporting. The defendant lost track of his calendar and failed to report to his officer. The probation department issued a probation surrender notice.

    Our office conducted lengthy interviews with the individual. After effectively explaining that there was a miscommunication by the probation department that led to the surrender notice, the court agreed to continue the defendant's probation on the previously imposed terms. The client walked out of the courthouse relieved.

    Read More in Felonies

  • Client Avoids Custody While Removal A Default Warrant

    A concerned probationer contacted our office when he heard from local law enforcement that there was a default warrant issued for his arrest. Upon investigation it became apparent that the perplexed defendant had failed to report to probation in order to extend the time period to pay outstanding restitution. Attorney McCarthy prepared the appropriate documents and conducted interviews and went to the courthouse with the understandably anxious client. After explaining the misunderstanding to the probation officer and the judge the client was released with his probation extended for few months allowing him to pay off the balance of the debt. The client walked out of the courthouse relieved without having to spend any time in custody.

    Read More in Probation Violations

  • Client Avoids Drunk Driving Conviction

    A State Trooper's attention was drawn to a car that was traveling on two flat tires. Upon pulling the vehicle over he noticed that the operator had a strong odor of alcohol on his breath and slurred his speech. The driver agreed to participate in field sobriety tests and unfortunately, in the Trooper's opinion; he did not pass the tests. The out of state driver was charged with operating under the influence of alcohol [M.G.L. Chapter 90 section 24].

    The District Attorney's Office took an aggressive stance due to the facts of the case. The out of state client needed the case resolved without a conviction to ensure he could travel in and out of the United States without restrictions. Our office aggressively represented our client and the judge agreed to continue the case for a year and provided client satisfies certain conditions the case will be dismissed.

    Read More in Defenses to Crimes in Massachusetts

  • Leaving The Scene Of An Accident Charge Dismissed Prior To Arraignment

    The defendant received notice that he was being arraigned for leaving the scene of an accident after hitting a mailbox while plowing snow. [M.G.L. Chapter 90 Section 24 (2) (a)]. Although the operator reported the incident to his insurance company he was unaware of his obligation to immediately notify the property owner of the damage and provide his name and insurance information.

    A few weeks after the incident he received notification that he was going to face a misdemeanor criminal charge of leaving the scene of an accident after causing property damage. Upon contacting our office we informed him that because the charge is a misdemeanor he was entitled to a clerk-magistrate's hearing. Our office filed the appropriate paperwork and the judge dismissed the case prior to arraignment. There will be NO criminal history entry on client's CORI related to this charge.

    Read More in Defenses to Crimes in Massachusetts

     

  • Clerk Finds No Probable Cause For Felony Charge of Larceny Over $250

    After years of being divorced, a disgruntled spouse applied for a criminal application claiming that her ex improperly used a credit card issued in her name to purchase items valued over $250. See, M.G.L. chapter 266 section 30. Attorney McCarthy conducted a lengthy and thorough investigation into these claims. During the hearing she illustrated that the client paid the credit card bill and thus, lacked the specific intent to permanently deprive the complainant of anything. The clerk agreed and the client left the courthouse and the felony complaint did not issue.

    Read More in Theft Crimes

  • Client Avoids Facing Charge For Improper "Garaging" Of A Motor Vehicle

    An out of state resident allowed her son to use her car for transportation. She was unaware of the Massachusetts statue that requires that a motor vehicle that is "under control of a resident" in Massachusetts must be registered in this state. Allowing a vehicle to be garaged here for more than thirty day under these circumstances can result in criminal charges against the registered owner. See, M.G.L. chapter 90 section 3.

    Upon receiving a summons for a Clerk-Magistrate's hearing the registered owner, helpful mother, contacted our office. Attorney McCarthy familiarized herself with the facts and effectively represented the client's situation to the clerk. The clerk declined to issue the complaint ant the defendant walked out of the courthouse relieved, as she did NOT have to face a judge. The criminal application was dismissed.

    Read More in Defenses to Crimes in Massachusetts

  • Charges Of Disorderly Person, Resisting Arrest And Illegal Possession Of A Class A Substance, To Wit, Heroin Dismissed

    Police officers claimed to observe, what they believed to be, a drug transaction. They followed the defendant and he ran away-allegedly into traffic. When they caught up to him he was questioned about his activities. Ultimately, illegal product was found on his person and he was arrested. He faced charges of being a disorderly person [M.G.L. chapter 272 Section 53], resisting arrest [M.G.L. chapter 268 Section 32B] and illegal possession of a class "A" substance to wit heroin.

    Attorney McCarthy appropriately argued that running from the police does NOT satisfy the elements of the crime of resisting arrest. Additionally, the Commonwealth could not prove the offense of "disorderly person" because the public was NOT inconvenienced by the defendant's actions. These two charges were dismissed and the possession case will be dismissed in a short period of time provided the defendant satisfies certain conditions.

    Read More in Resisting Arrest

  • Non-Citizen Client Avoids Charge Of Violation Of A Harassment Prevention Order Following A Clerk-Magistrates Hearing

    After receiving notification that an unhappy ex-girlfriend secured a M.G.L. ch.258E Harassment Prevention Order against him, the dejected ex-boyfriend believed he was on his best behavior. Much to his surprise, he received notification that his ex claimed that he violated the order by contacting her mother through Facebook.

    The defendant promptly contacted our office and the investigation began. During the Clerk-Magistrate's hearing Attorney McCarthy successfully argued that any alleged contact was not a violation as there was NO intent to contact the plaintiff. Additionally, she emphasized the client's impressive educational, professional and philanthropic background. The clerk did NOT issue the complaint and provided there are no further incidents the defendant will NEVER appear before a judge. The client left the courthouse relieved with the fact that the does not have to be concerned about any collateral immigration consequences.

    Read More in Clerk Magistrate Hearings

  • Client Avoids Felony Conviction For Intimidation Of A Witness And Domestic Assault Despite Prior Record

    A disagreement between two frustrated spouses resulted in the husband being charged with domestic assault [M.G.L. ch. 265 s. 13M]. The pair ultimately was allowed to reside in the same home. Unfortunately, the contact resulted in the husband facing an additional felony charge of intimidation of a witness [M.G.L. ch. 268 s. 13B]. The Commonwealth moved to have the defendant held pursuant to the "Dangerousness Statute." Following a lengthy hearing the defendant was allowed to leave the courthouse.

    Unfortunately for the client, a guilty finding on a felony would result in the loss of his job. Our office thoroughly investigated the circumstances surrounding the incidents. Our office aggressively litigated the case and ultimately the judge agreed to continue the case for a period of time and provided certain conditions are satisfied the case will be dismissed. Our client left the courthouse relieved with his employment in tact.

    Read More in Bail Hearings 

  • Non-Citizen Placed On Pre-Trial Probation And Avoids Immigration Consequences

    A non-citizen college student was charged with illegal distribution of a "Class D" [M.G.L. ch. 94C s.32C] substance after undercover police officers observed her exchanging the product for cash at a local park. The officers quickly approached the young woman and arrested her. She immediately realized the gravity of her mistake when she was told that any type of admission or conviction for this type of offense would result in her deportation and inability to re-enter the country.

    Our office went to work immediately and highlighted her impressive educational background and her civic contributions to the District Attorney's Office. Eventually, the prosecution agreed to continue the case for a period of time and provided there are no more issues—the case will be dismissed. Negotiating this disposition avoided collateral immigration consequences for the client.

    Read More in Pretrial Probation

  • Clerk Declines To Issue Felony Complaint For Larceny Over $250.00

    A young college student left a local college when members of an athletic team claimed that he stole personal items from the dorm room that were valued over $250.00. The fact that the student left the school raised some eyebrows and he was summonsed in for a Clerk Magistrates hearing for larceny of property over $250.00. M.G.L. Chapter 266 Section 30.

    Attorney McCarthy interviewed the client at length. During the hearing our office emphasized the client's impressive background and lack of motive to commit the crime. The clerk did not issue the complaint and the client walked out of the courthouse relieved.

    Read More in Clerk Magistrate Hearings

  • Court Terminates M.G.L. ch. 209A Restraining Order Following Evidentiary Hearing

    The Court granted a disgruntled ex-girlfriend a temporary 209A restraining order based on her allegations that the defendant threatening her and continuously contacting her through text messages and emails.

    During the extension hearing Attorney McCarthy cross-examined the plaintiff and exposed her unreasonableness and lack of credibility. McCarthy emphasized to the judge that the plaintiff failed to allege acts that indicated that she was put in reasonable fear of imminent serious bodily harm. The Court agreed and vacated the order.

    Read More in Threats

  • Judge Dismissed Case Charging Defendant With Lewd And Lascivious Behavior

    The police arrested the defendant after security personnel viewed footage and claimed that the defendant was openly "pleasuring himself" in a mall parking lot. The problem for the Commonwealth was that NO-ONE viewed his activities. The defendant was arrested and charged with Open and Gross Lewdness and Lascivious Behavior in violation of M.G.L. ch. 272, section 16.

    Attorney McCarthy argued that the conduct was not viewed directly be anybody – therefore it was not "open" and there was nobody that was alarmed or shocked by the defendant's behavior. For these reasons, the elements of the crime were not met. A judge eventually agreed and the case was dismissed.

    Read More in Sex Crimes

  • Defendant Relesed From Custody After Being Held For Violating Exclusionary "GPS" Zones

    The defendant's ankle bracelet alarm was activated. For this reason, a warrant issued for him; he was arrested and spent the night in jail. The next day in court the probation department moved to have him surrendered based on the fact that he traveled into the "exclusionary" zones causing his ankle bracelet to go off.

    Our office reviewed the appropriate documents and argued that the defendant did NOT travel into the exclusionary zone and that the "ELMO" should not have gone off.  Through the hearing it was demonstrated that the defendant was not at the forbidden address but just on the street. This was illustrated through the cross-examination of the probation officer, the "ELMO" documents and the probation contract. By the end of the hearing the judge agreed and held that the defendant had NOT violated ANY terms of his probation. He was released from custody and walked out of the courthouse.

    Read More in Sex Crimes

  • Not Guilty Verdict Returned On An Identify Fraud Case Against Doctor

    The Commonwealth charged the defendant, an established doctor, with Identify Fraud. [M.G.L. Ch. 266 §37E]. During the trial, the prosecutor claimed that the defendant committed Identify Fraud by posing as the victim and sending poorly written e-mails to medical residency programs in an alleged effort to interfere with the victim's opportunity to be admitted to the programs. The Commonwealth connected the defendant to the alleged email(s) through an "IP" address that listed the defendant's name as the subscriber and by claiming that the correspondences in question contained information that the complaining witness had ONLY shared with the defendant.

    Attorney McCarthy focused on the very weak forensic connection highlighting that the IP address from which the email account was set up was NOT the one associated to the defendant's name, the email header information from the actual email was not sent from the IP address connected to the defendant's name and the Commonwealth DID NOT have the actual device from which the offending emails were sent from. Additionally, McCarthy illustrated that the information contained in the emails was actually general information about the complaining witness that other people were aware of.

    A NOT GUILTY verdict was returned.

  • Default Warrant Removed And Case Dismissed For Out Of State Defendant Without His Presence

    An out of state individual contacted our office because he harbored concerns about traveling due to an outstanding default warrant for larceny over $250, a felony offense under G.L. c. 266  Section 30. We investigated the underlying reasons for the warrant and filed the appropriate motion to request that the case be disposed of without requiring the out of state defendant's presence in Court. Our office assisted the client in ensuring that all conditions of probation were satisfied. Upon making this showing and litigating the motion, the judge terminated probation and dismissed the case against the defendant. The client was free to travel – worry free!

    Read More in Larceny

  • Young Professional Avoids Conviction For Drug Offense

    A casual drive with a friend took a bad turn when the police pulled the defendant's car over and ordered the driver and passenger from the vehicle. The police alleged that they saw what they believed was a drug transaction between the passenger and another male. The police confiscated four Percocets from the car and charged both individuals with illegal possession of a Class "B" substance to wit Percocet. See, M.G.L. Chapter 94C section 34.

    The driver of the car retained our office and we went right to work. Attorney McCarthy contacted the District Attorney's office prior to the arraignment date and outlined the defendant's impressive educational and charitable background and his future good opportunities for employment. On the day of arraignment the ADA agreed to continue the case for a few months. Provided the defendant satisfied a few conditions the case will be dismissed.

    The client did NOT have to admit to sufficient facts and was NOT found guilty. He walked out of the courtroom relieved that his job would not be jeopardized.

    Read More in Drug Crimes

  • Attorney McCarthy Successful Argues For An Initial Issuance of a M.G.L.ch. 258E Harassment Prevention Order And For A One Year Extension Of The Order

    A friendly relationship between neighbors turned sour when one neighbor repeatedly threatened the other's dog, kicked in a fence a boundary fence a number of times, intimidated the family with the car and threw the carcass of a dead animal on their property. Fed up and afraid for their family's safety, the plaintiffs applied for a 258E Harassment Prevention Order. A District Court Judge allowed the initial ex-part order.

    Approximately one week later, both sides appeared in court. The plaintiffs wanted the judge to extend the order and the defendant wanted the judge to vacate the order.

    During the hearing our office emphasized the fact that the defendant's improper actions were clearly directed at them, that there were three or more acts of harassment with the intent to intimidate the neighbors and the neighbors were in fact intimidated. Following a lengthy hearing, the judge agreed with the plaintiffs and extended the order for one year. The plaintiffs left the courthouse feeling relieved and safer.

    Read More in Restraining Orders