Case Results » Criminal Appeals

  • Attorney McCarthy Negotiates Dismissal Of Criminal Charge Of Operating A Motor Vehicle While Endangering The Lives And Safety Of Others

    The police claimed that the car that the defendant was driving sped past their cruiser that was escorting an ambulance at a speed of over ninety miles per hour. Attorney McCarthy conducted an extensive interview with the defendant. She outlined in detail the client's impressive background and lack of criminal record to the judge and Assistant District Attorney. After hearing Attorney McCarthy's arguments, the judge agreed to dismiss the criminal offenses provided the defendant completes community service hours.

  • Attorney McCarthy Successfully Litigates Motion To Dismiss Armed Career Criminal Charge And Motion To Suppress Gun And Related Evidence In Superior Court

    The police responded to a report of a suspicious motor vehicle in an apartment complex. The police saw a car parked in the complex area with two males inside. Upon questioning the driver it was determined that he had an outstanding warrant for his arrest. The officers arrested the driver and the passenger was allowed to walk to the police station to "bail him out."

    The officers searched the car and found a gun "partially tucked" under the front passenger seat of the car and black masks in other areas of the vehicle. The passenger/client was initially charged with being an armed career criminal, possession of a firearm and improper storage of a firearm.

    Attorney McCarthy filed a number of pre-trial motions including a motion to dismiss the armed career portion of the indictment and a motion to suppress evidence. The motion to dismiss the armed career criminal portion of the indictment was allowed without a hearing.

    Relative to the motion to suppress, Attorney McCarthy established during an evidentiary hearing that the area where the car was parked was a private way and the police had no authority to tow the car. The Commonwealth unsuccessfully argued that the car was lawfully towed pursuant to the "Inventory Policy" as the car was "blocking traffic." Due to thorough investigation Attorney McCarthy was able to establish that the area where the vehicle was parked was very wide and the car was not obstructing traffic. The Superior Court judge allowed the defendant's motion to suppress.

  • Attorney McCarthy Successfully Litigates Another Motion To Suppress Gun And Ammunition

    The police responded to a multi-unit building for a report of a loud party in the early morning hours of New Year's Day. Although noise was coming from more than one apartment, police officers climbed a fire escape and knocked on a side door. The uniformed officers progressed from the entry through a room and into the middle of the kitchen. While in the kitchen, one of the officers observed an individual in a bedroom leaning over. Although there were a number of people in the bedroom, the officers entered and found what they believed was a firearm tucked in the mattress. The police continued to search the apartment, which did not belong to the defendant, and found what they believed was ammunition in a closet. The defendant was charged with unlawful possession of a firearm and unlawful possession of ammunition. The defendant faced a mandatory minimum sentence of spending eighteen months in jail if convicted on the unlawful possession of a firearm charge.

    Attorney McCarthy filed a motion to suppress the gun and the ammunition. Attorney McCarthy argued that the "visitor" enjoyed an expectation of privacy as a guest in the apartment and that the police unlawfully entered and searched the bedroom and closet. Following the evidentiary hearing the Judge allowed the defendant's motion to suppress.

  • Attorney McCarthy Prevents Criminal Charges Issuing Following A Clerk's Hearing

    A civilian witness called the police alleging that the defendant kicked his door and threatened to kill him. According to the police report this incident followed the arrest of the suspect's boyfriend. The police alleged that the suspect's actions were fueled by the fact that the complainant was a complaining witness against the suspect's boyfriend.

    The defendant was initially charged with intimidation of a witness, threats and disturbing the peace. At the conclusion of the hearing the parties agreed that as long as there are no problems between the two for a short time period, no charges will issue against the defendant.

  • Attorney McCarthy Successfully Prevents Issuance Of Criminal Charges Following a Clerk's Hearing

    The complaining witness sought charges against the defendant for criminal harassment, annoying telephone calls and threats to commit a crime. During the clerk's hearing Attorney McCarthy was able to present the defendant's version. At the conclusion of the hearing, charges did not issue against the defendant.

  • Attorney McCarthy Prevents Criminal Charges From Issuing Against A Suspect

    The police initially sought a complaint against a defendant for threats to commit crime as the result of an incident at a local high school. Upon receiving notice of a criminal clerk's hearing, the client contacted Attorney McCarthy. After conducting a preliminary investigation, Attorney McCarthy contacted the local authorities and negotiated an agreement whereby the charges were withdrawn prior to the hearing. As long as the suspect continues to stay away from the complainant, no process will issue against him.

  • Attorney McCarthy Prevents The Issuance Of Criminal Charges Following A Criminal Clerk's Hearing

    The defendant received notice that she was being charged with driving an uninsured motor vehicle, driving an uninspected motor vehicle and driving without a valid Massachusetts license as the result of being involved in a car accident. During the clerk's hearing the Trooper read from facts from the police report to support the charges. After hearing arguments from Attorney McCarthy, the Clerk did not issue criminal charges against the defendant.

  • Attorney McCarthy Successfully Avoids Complaint Issuing From District Court Clerk's Hearing

    The defendant's former employer charged that she improperly stole money from the company. The defendant contacted Attorney McCarthy to represent her at the clerk's hearing. Attorney McCarthy successfully negotiated a disposition whereby the complaint of larceny under $250.00 would not issue provided that the defendant fulfills certain conditions. Disposing of the case in this manner prevented process from issuing against the defendant and ensured that she has a clean criminal record.

  • Attorney McCarthy Obtains A Favorable Disposition At A Registry Of Motor Vehciles Hearing

    Attorney McCarthy successfully cleared up a driving record for an out of state individual. The individual moved from Massachusetts to another state over twenty years ago and pursued a successful business career. Unbeknownst to him, warrants had issued for him that related to parking tickets and unresolved court matters. Upon recently applying for his license in his home state, the warrants popped up for the first time. These matters threatened to effect his employment. Attorney McCarthy tracked down all of the old cases and tickets and obtained favorable results for the client without requiring his presence in Massachusetts. Following the registry hearings, the client was able to obtain his license and return to work.

  • Attorney McCarthy Obtains Favorable Disposition On Three Felony Charges

    Following a clerk's hearing the defendant was charged with three counts of malicious destruction to a motor vehicle. The defendant, who had a criminal record including prior convictions and commitments to jail, did not want a guilty finding to enter because of the possibility of a judge sentencing him to jail.

    Attorney McCarthy was ready for trial on the trial date. As a result of negotiations, the parties agreed that the case would be dismissed provided that the defendant honored certain conditions. The defendant walked out of the court house without another conviction on his record.

  • Attorney McCarthy Successfully Clarifies Defendant's Twenty-Three Year Old Record

    A juvenile defendant admitted to sufficient facts to an offense with the understanding that the case was to be continued without a finding until his eighteenth birthday. The defendant pursued a successful career believing that the old juvenile case had been dismissed.

    Post 9/11 it came to the defendant's attention that there had been a mistake and a finding of delinquency or guilty had entered. The defendant, now in his thirties with a family to support, retained Attorney McCarthy to correct this matter. Attorney McCarthy filed a Motion to Correct The Record and a Motion To Withdraw His Guilty Plea based on the fact that all of the involved parties believed that the case was to be dismissed when he turned eighteen.

    After hearing a district court judge corrected the record and had it reflected that the case was continued without a finding and dismissed. Attorney McCarthy successfully corrected the defendant's twenty three year old record.

  • Attorney McCarthy Successfully Litigates The Dismissal Of Motor Vehicle Violations To A Clerk's Hearing

    Following a car accident where the defendant was not at fault, the police charged her with operating a motor vehicle with an expired license, operating a motor vehicle with no insurance and operating an unregistered motor vehicle. The defendant believed that she requested a clerk's hearing, however, she never received notification of the hearing date and she was summonsed to court to be arraigned on the above charges.

    Prior to the arraignment, Attorney McCarthy filed a motion to dismiss the case and refer it to a clerk's hearing pursuant to M.G.L.A. 218 § 35A. The judge allowed the motion and the charges were dismissed prior to the defendant's arraignment. Thus, there will be no record of these charges issuing against the defendant.