Case Results » Breaking and Entering in the Nighttime with Intent to Commit a Felony
Client Facing Charges of Breaking and Entering into a Building in the Nighttime with Intent to Commit A Felony [M.G.L. ch. 266 Section 16], Illegal Possession of Marijuana Over 2 Ounces [M.G.L. ch. 94C Section 34], and Trespass [M.G.L. ch. 266 Section 120], To Be Dismissed
The police were alerted to the fact that a number of youths were congregating in a house that was under construction. A caller supplied the police with the license plate number of a vehicle that was parked near the property. Upon arrival, the police located one of the recent high school graduates who admitted to having been inside the structure and a backpack that the police alleged, appeared to have been recently dropped." Based on information received from the scene the police tracked the defendant down at his home. He was arrested and charged with the above crimes.
Based on the police report, our office filed a motion to dismiss based on the fact that the unfinished structure did not constitute a building. After discussing the case with the District Attorney's Office and providing the client's impressive background, including his high school activities, the District Attorney's Office agreed to dismiss the case provided the defendant satisfied certain conditions. The defendant did NOT have to admit to sufficient facts or plead guilty. The defendant and his family left the courtroom very relieved that the case would not impact the defendant's future educational and employment opportunities.
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Client Avoids Conviction And Mandatory Sentence On Felony Firearm Case
According to the police report, the police responded to an auto body shop on a report of a man with a gun. Upon their arrival, an officer observed an employee of the shop pointing at a man claiming that he had pointed a gun at him. A police officer claimed that he saw the gunman walk away from a parked white truck and ordered other officers to pull the truck over. Officers searched the truck and found a loaded firearm in the glove compartment. The driver, defendant, was charged with illegally carrying a firearm and possession of ammunition. If convicted, the defendant faced a mandatory sentence of eighteen months in jail on the firearm and an on and after sentence on the ammunition count.
Attorney McCarthy filed a number of pre-trial motions including a motion to suppress statements and a motion to suppress evidence. On the day of trial Attorney McCarthy was prepared to fight the charges. The District Attorney's Office proposed a disposition whereby the felony firearm charged would be reduced to a misdemeanor possession charge and the defendant would avoid the possibility of any conviction and NO jail time. Ultimately, the case was continued for two years and the client did not have to pay any fees, did not have to report to probation and could move to another state. As long as the defendant does not get rearrested the case will be dismissed.
Judge Allows Attorney McCarthy's Motion To Dismiss Felony Count Of Open And Gross Lewdness
The police report alleged that the defendant "mooned" a resident assistant after being denied access to a college dormitory. The defendant was arrested and charged with the felony offense of open and gross lewdness.
Attorney McCarthy filed a motion to dismiss arguing that the facts, as alleged by the government, did not constitute open and gross lewdness. She also argued that since no individual had been charged with this offense based on this type of conduct in Massachusetts in the past, the charge must be dismissed because the statute was unconstitutionally vague and violated the due process clause of the Fourteenth Amendment to the United States Constitution and Article 12 of the Massachusetts Declaration of Rights of her client. Following a hearing the judge allowed the motion to dismiss.
Judge Dismissed Domestic Assault And Battery And Felony Charge Of Intimidation Of A Witness Against Client
The police report alleged that the police responded to a report of a past assault on a female. According to the report, the female claimed that she and her husband were involved in a physical altercation inside of a car. She further asserted that her husband tried to grab the phone out of her hand when she tried to call the police for help. The husband was arrested on a warrant and charged with assault and battery and intimidation of a witness. The judge allowed Attorney McCarthy's motion to dismiss after the wife asserted her marital privilege.
Charges of Assault and Battery, Criminal Trespass and Entering Without Breaking With Intent To Commit a Felony Dismissed Following a Clerk's Hearing in Dorchester District Court
The complainant alleged that the defendant pushed her and gained entry to a relative's home in Dorchester, Massachusetts. The complainant testified that during a gathering at the home, the defendant repeatedly rang the door bell in an effort to get the attention of his girlfriend. The complainant and her fiance testified that the defendant pushed her to get into the house after being told to leave. The defendant testified that he never entered the home and never touched the complainant. Attorney McCarthy pointed out that the complainant applied for the complaint in the Dorchester District Court approximately two weeks after the alleged incident. Furthermore, the complainant's brother faced assault charges based on an incident that occurred in Dorchester that same evening. Following the hearing, the Clerk declined to issue a complaint on any of the proposed charges.